J  K 


IRLF 


GIFT  OF 


yL^rWtxU 


LAW  GOVERNING  ELECTIONS 


IN    THE 


STATE  OF  FLORIDA, 


PASSED    AT    THE 


Regular  Session,  A,  D,  1895, 

And  as  Amended  1897,  1899,  1903, 


i          ;  ^ 


TALLAHASSEE,  FLA.: 
I.  B.  Hilson,  State  Printer. 
1904. 


CHAPTER  4328— [No.  7.] 

AN  ACT  to  Provide  for  the  Registration  of  all  Legally 
Qualified  Voters  in  the  Several  Counties  of  the  State, 
and  to  Provide  for  General  and  Special  Elections  and 

*  for  Ihe  Returns  of  Elections. 

Be  it  Enacted  ly  the  Legislature  of  the  State  of  Florida: 

Section  1.  Every  male  person  of  the  age  of  twenty-one 
years  and  upwards,  that  shall  at  the  time  of  registration 
be  a  citizen  of  the  United  States,  and  shall  have  'resided  who  ar* 
and  had  his  habitations,  domicile,  home  and  place  of  2iSJ5SSJj 
permanent  abode  in  Florida  for  one  year,  and  in  the 
county  for  six  months,  shall,  if  otherwise  qualified  ac- 
cording to  law  in  such  county,  be  deemed  a  qualified 
elector  at  all  elections  under  the  Constitution.  Natur- 
alized citizens  of  the  United  States,  at  the  time  of  and 
before  registration  shall  produce  to  the  registration  of- 
ficer his  certificate  of  naturalization  or  a  duly  certified 
copy  thereof,  and  shall  make  oath  that  he  is  the  identical 
person  named  in  such  certificate,  before  they  shall  be  al- 
lowed to  register;  Provided,  That  the  following  classes 
of  persons  shall  not  be  entitled  to  vote: 

First.  Persons  not  duly  registered  according  to  law. 

Second.  Persons  under  guardianship,  including  those 
kept  in  or  confined  in  any  public  prison.  Persong 

Third.  Person  who  are  insane  or  idiotic. 

Fourth.  Persons  who  may  have  been  convicted  of  fel- 
ony by  any  court  of  record. 

Fifth.  Persons  who  may  have  been  convicted  of  bribery, 
perjury,  or  larceny,  or  of  any  infamous  crime  in  any  court 
of  this  State,  or  any  other  State,  or  interested  in  any  bet 
or  wager,  the  result  of  which  shall  depend  upon  any  elec- 
tion, or  that  shall  hereafter  fight  a  duel,  or  send,  knowing- 
ly carry  or  accept  a  challenge  to  fight,  or  that  shall  be  a 
second  to  either  party,  or  that  shall  be  the  bearer  of  such 
challenge  or  acceptance;  but  the  legal  disability  shall  not 
accrue  until  after  trial  and  conviction  by  due  form  of 

257190 


4  LAWS  OF  FLORIDA. 


1904,  Sixth.  Xo  person  shall  be  permitted  to  vote  at  an  elec- 

"  tion  who  shall  have  failed)  to  pay  at  least  on  or  before 
the  second  Saturday  in  the  mouth  preceding  the  day  of 
such  election,  his  poll  taxes  for  the  two  years  next  pre- 
ceding the  year  in  which  such  election  shall  be  held; 
Provided.  That  no  person  shall  be  prevented  front  voting 
on  account  of  not  having  so  paid  a  poll  tax  for  any  year 
which  shall  not  have  been  lawfully  assessable  against  him 
by  reason  of  his  not  having  been  of  age,  or  having  been 
over  55  years  of  age  or  who  has  lost  a  limb  in  battle.  an§ 
who  shall  have  procured  and  shall  exhibit  the  certificate  of 
the  supervisor  of  registration  to  that  effect  as  hereinaf- 
ter  provided  for -,.  Provided,  That  no  person  who  has  not 
been  in  this  State  one  year  previous  to'  any  general  elec- 
tion, shall  be  required  to  pay  more  than  one  year's  poll 
taxes, 

*Sec.  2.  A  general  election  shall  be  held  in  the  several 
counties  of  this  State  on  the  Tuesday  next  succeeding  the 
eieltion.  first  Monday  in  November,  A.  D.  1898,  and  biennially  on 
the  same  day  thereafter,  or  upon  such  day  as  may  hereaf- 
ter be  fixed  by  law.  at  which  general  election  there  shall 
be  chosen  by  the  qualified  electors  in  this  State  such  elec- 
tive State  and  county  officers  whose  term  of  office  may 
then  require  an  election  to  be  held  to  fill  such  office,  be- 
side State  Senators  and  members  of  the  House  of  Rep- 
resentatives of  this  State,  and  such  other  elective  of- 
ficers as  may  be  required  to  be  elected,  as  provided  by  the 
Constitution  and  laws  of  this  State,  except  as  herein 
otherwise  provided. 

*Sec.  3.  A- Governor,  the  administrative  officers  of  the 
Tear  of  elec-  executive  department,  and  the  State  Senators  represent- 
iion.  ing  the  odd  numbered  .districts  shall  be  elected  at  such 

lection  to  be  holclen  in  A.  D.  1900,  and  every  four  years 
thereafter.  State  Senators  from  tlxe  even  numbered  dis- 
tricts shall  be  chos3ii  at  the  general  election  in  A.  D. 
1898  for  four  years,  and  every  four  years  thereafter,  and  . 
members  of  the  House  of  Representatives  shall  be  chosen 
at  every  general  election  hereunder.  A  Clerk  of  the  Cir- 
cuit Court,  a  County  Judge,  a  Sheriff,  a  Superintendent 
of  Public  Instruction  and  a  County  Surveyor  ishall  b« 
chosen  for  each  county  in  this  State  by  its  qualified  elec- 

*Aniendmer.t,  1897. 


LAWS  OF  FLORIDA.  5 

tors  at  said  election  in  A.  D.  1000,  and  every  four  years 
thereafter.  A  County  Assessor  of  Taxes,  a  County  Tax 
Collector  and  a  County  Treasurer  for  each  county  in  this 
State  shall  also  be  chosen  at  said  general  election  in  A.  D. 
1898,  in  like  manner,  and  at  every  general  election  thereaf- 
ter. A  Justice  of  the  Peace  and  Constable  for  each  justices 
district  shall  be  elected  by  the  qualified  voters  thereof 
at  said  general  election  in  A.  D.  1898,  and  every  two  years 
thereafter.  One  Justice  of  the  Supreme  Court  shall  be 
chosen  at  the  general  election  hereunder  in  A.  D.  1898. 
and  at  every  general  election  thereafter  unless  changed  by 
law.  A  County  Board  of  Public  Instruction,  consisting  of 
three  members,  one  member  from  each  School  Board  J Dis- 
trict, elected  from  the  several  counties  at  large  of  this 
State,  shall  be  chosen  at  the  general  election  A  .D.  .1898, 
and  at  eve^y  general  election  thereafter,  unless  changed 
by  law. 

*Sec.  4.  A  representative  to  the  Congress  of  the  United 
States  shall  be  elected  in  and  for  each  Congressional  Dis-  congresaion- 
trict  of  this  State  on  the  first  Tuesday  after  the  first  Mon-  al  election, 
day  in  November,  A.  D.  1S9S,  and  biennially  on  the  same 
day   thereafter.     Electors   of   President   and   Vice-Presi- 
dent of  the  United  States  shall  be  elected  on  the  first 
Tuesday  after  the  first  Monday  in  November,  A.  D.  1900, 
and  on  the  same  day  every  four  years  thereafter. 

Sec.  5.  Special  elections,  shall  be  held  in  the  following 

cases  :  Special  eleo- 

First.  Where  there  has  been  no  choice  of  any  officer  tion3' 
who  should  have  been  elected  at  a  general  election. 

Scond.  When  a  vacancy  shall  occur  in  the  office  of 
State  Senator  or  Member  of  the  House  of  Representatives 
of  this  State.  IUit  in  case  of  a  vacancy  in  the  office  of 
State  Senator  or  member  of  the  said  House  of  Representa- 
tives, a  special  election  shall  not  be  held  unless  a  session 
of  the  Legislature  shall  be  held  after  the  vacancy  occurs 
and  before  a  general  election. 

Third.  When  a  vacancy  shall  occur,  more  than     three 
months  before  a  general  Hen  ion.  in  the  office  of     repre- 
sentative to  the  Congress  of  the  United  States,  or  in  any    vacancies 
other  office  which  the  Governor  shall  not  be  aiHhori/ed  to 
fill  by  appointment.    But  if  any  vacancy  shall  oc« -ur  at  a 

* /Amendment,  ?3^7. 


6  LAWS  OF  FLORIDA. 

^  1904.  time  not  more  than  three  months  before  a  general  election, 
the  Governor  may,  in  his  discretion,  order  a  special  elec- 
tion to  fill  the  same. 

Fourth.  When  it  shall  be  necessary  to  elect  Presidential 
Electors,  by  reason  of  the  offices  of  President  and  Vice- 
President  both  having  become  vacant. 

*Sec.  6.  The  Secretary  of  State  shall,  between  the  first 
days  of  July  and  September  in  any  year  in  which  a  gen- 
Notice  of  eral  election  shall  be  held,  make  out  and  cause  to  be  pub- 
tkSfto  ^ec"  lished,  at  least  sixty  days  prior  to  the  day  of  holding  the 
nibUshed.  election,  in  one  or  more  newspapers  printed  at  the  State 
Capital,  at  least  once  a  week  until  the  election,  a  notice 
stating  what  offices  and  vacancies  are  to  be  filled  at  such 
general  election  in  the  State,  and  in  each  county  and  dis- 
trict thereof,  and  shall  send  to  the  sheriff  of  each  county 
a  notice  of  the  offices  and  vacancies  of  each  county  to  be 
filled  at  such  general  election  by  the  qualified  voters  of 
his  county,  or  any  district  thereof,  and  the  sheriff  shall 
cause  a  copy  of  such  notice  to  be  published  weekly  in  a 
newspaper  printed  in  his  county,  if  there  be  one  in  the 
county,  and  if  there  be  no  such  paper  printed  in  his 
county,  he  shall  cause  at  least  five  copies  of  such  notice 
to  be  posted!  in  the  most  conspicuous  and  public  places 
in  the  county. 

Sec.  7.  Whenever  a  special  election  for  any  office  is  re- 
Pabiications  quired  to  be  holden,  the  Governor  shall  make  an  order 
SecUoS.ecU1  declaring  on  what  day  the  same  shall  be  held,  and  deliver 
the  same  to  the  Secretary  of  State,  whereupon  the  Secre- 
tary of  State  shall  publish  notice  of  the  election  to  be 
holden  therefor  in  one  or  more  newspapers  published 
weekly  at  the  State  Capital,  for  not  less  than  fifteen  days 
nor  more  than  forty  days  prior  to  said  election,  contain- 
ing notice  of  the  vacancy  or  vacancies  to  be  filled,  and  of 
the  county  or  counties  in  which  elections  are  to  be  held 
thereafter,  and  the  Secretary  of  State  shall  also  (deliver  to 
the  sheriff  of  such  county  or  counties,  in  which  such 
special  elections  are  to  be  held,  a  notice  of  the  time  of 
election  and  of  the  offices  to  be  filled  by  the  voters  of  their 
respective  counties,  or  any  district  thereof,  and  the  sher- 
iff shall  cause  a  copy  of  such  notice  to  be  published 
weekly  in  some  newspaper  printed  in  his  county,  if  there 

*Amendment.  1897. 


LAWS  OF  FLORIDA.  7 

be  such  a  newspaper,  and  if  there  be  no     such     paper  '  [  1904. 
printed  in  his  county,  he  shall  cause  at  least  five  copies 
of  such  notice  to  be  posted  in  the  most  public  and  con-  I 

spicuous  places  in  the  county. 

Sec.  8.  Upon  application  for  registration  each  elector 
shall  be  required  to  take  and  subscribe  the  following  oath :  Registration 
I  do  solemnly  swear  (or  affirm)  that  I  will  protect  and  01 
defend  the  Constitution  of  the  United  States  and  of  the 
State  of  Florida;  that  I  am  twenty-one  years  of  age  and 
have  been  a  resident  of  the  State  of  Florida  for  twelve 
months,  and  of  this  county  for  six  months;  that  I  am  a 
citizen  of  the  United  States,  and  that  I  am  qualified  to 
vote  under  the  Constitution  and  laws  of  the  State  of 
Florida,  The  supervisor  of  registration  and  district  reg- 
istration officers  in  this  act  provided  for  are  hereby  au- 
thorized and  required  to  administer  this  oath,  and  the 
elector  shall  also  be  required,  under  oath,  to  be  admin- 
istered by  the  registration  officer,  to  give  such  descrip- 
tion of  himself  as  will  be  sufficient  to  clearly  identify  his 
person  with  the  act  of  registration. 

Sec.  9.  Upon  the  expiration  of  the  term  of  office  for 

which  each  supervisor  of  registration  of    electors     has  f^1?18?)"  °*" 
.    ,    ,  .  Registration, 

heretofore  been  appointed  in  each  county,  and  every  two 

years  thereafter,  the  Governor  shall  appoint,  subject  to 
removal  by  him  at  any  time,  one  competent,  discreet,  and 
fair-minded  person  in  each  county,  who  shall  be  a  quali- 
fied elector  thereof,  to  be  known  as  the  supervisor  of  reg- 
istration of  electors  in  said  county.  Such  supervisor 
shall  hold  his  office  for  two  years,  and  until  his  successor 
shall  be  appointed  an4  qualified.  He  shall  keep  his  office 
at  the  county  site,  and  shall  have  exclusive  charge  of  the 
registration  of  electors,  and  for  this  purpose  shall  open  Duties  an* 
and  keep  books  suitable  for  such  registration  of  electors  p01 
in  each  e-lection  district  in  such  county.  He  shall  ap- 
point, subject  to  removal  at  any  time  by  him,  a  district 
registration  officer  for  each  election  district  in  his  county, 
whose  duty  it  shall  be  to  attend  to  the  registration  of 
electors  in  such  district  as  hereinafter  provided.  The 
supervisor  of  registration  shall  not  be  eligible  for  any 
other  office  until  six  mouths  after  ( -easing  to  be  such  su- 
pervisor. Each  supervisor  shall,  before  entering  on  the 
performance  of  his  duties,  take  the  oath  prescribed  by 
section  2  of  article  1C  of  the  Constitution,  and  shall  give 


Bond. 


Pay. 


Powers. 


Penalty. 


LAWS  OF  FLORIDA. 

a  bond  to  the  Governor  of  the  State  in  the  sum  of  five 
hundred  dollars,  with  two  sureties,  to  be  approved  by  the 
board  of  county  commissioners  of  his  county,  conditioned 
for  the  faithful  discharge  of  his  duties  as  such  supervi- 
sor. The  compensation  of  such  supervisors  shall  be  suck 
sum  or  sums  in  proportion  to  the  amount  of  work  to  be 
done,  as  may  be  fixed  and  allowed  by  the  board  of  county 
commissioners  in  each  county  respectively.  The  district 
registration  officers  shall  be  paid  for  their  services  by  the 
respective  counties  such  sum  or  sums  as  may  be  fixed  and 
allowed  by  the  board  of  county  commissioners  in  each 
county  respectively,  after  the  supervisor  of  registration 
shall  have  certified  to  the  amount  of  service  performed! 
by  each  of  such  district  registration  officers.  Each  super- 
visor shall  have  power  at  any  time  to  remove  any  district 
registration  officer  within  his  county  whenever  he  deems 
proper,  and  such  district  registration  officer,  when  so  re- 
moved, shall,  on  demand,  surrender  to  such:  supervisor 
all  books  and  papers  connected  with  his  office.  The  will- 
ful failure  of  any  such  district  registration  officer  to 
promptly  comply  with,  such  demands  of  the  supervisor  to 
deliver  up  such  books  and  papers,  shall  be  deemed  a  mis- 
demeanor, and,  on  conviction  thereof,  he  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment.  Each  district 
registration  officer  shall,  before  entering  upon  the  per- 
formance of  his  duties,  make  oath  in  writing  before  any 
officer  authorized  to  administer  oaths,  that  he  will  well 
and  faithfully  perform  the  duties  of  his  office,  which 
oath  shall  be  transmitted  to  the  supervisor  of  registra- 
tion, and  preserved  by  him.  Upon  the  removal  of  any 
supervisor  of  registration  of  electors,  it  shall  be  his  duty 
to  immediately  ;<nd  promptly  deliver  over  to  his  succes- 
sor all  of  the  books  and, papers  and  blanks  belonging  to 
his  office  or  connected  therewith  in  any  way.  The  willful 
failure  or  refusal  of  any  such  supervisor  of  registration 
to  promptly  comply  with  the  demand  of  his  successor  for 
such  delivery  of  such  books  and  papers  and  blanks  con- 
nected with  or  belonging  to  his  office,  shall  be  deemed  a 
misdemeanor,  and,  on  conviction  thereof,  he  shall  be  pun- 
ished by  a  line  not  to  exceed  one  thousand  dollars,  or  by 


LAWS  OF  FLORIDA.  9 

imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment. 

*Sec.  10.  The  supervisor  of  registration  shall  keep  the 
registration  books  of  the  county  open  at  his  office  at  least 
three  days  in  each  week,  and  oftener  if  the  county  com-  Office  houra 
missioners  shall  so  order,  from  9  o'clock  a.  m.  to  12  in.  sor.Supervl" 
and  from  2  o'clock  p.  m.  until  5  p.  m.,  from  the  first  Mon- 
day in  August  in  each  year  in  which  there  is  any  general 
election,  for  the  registration  of  electors.  And  he  shall 
give  notice  by  publishing  in  a  newspaper  printed  in  his 
county  for  two  consecutive  weeks  immediately  preceding 
the  time  of  opening  his  books,  naming  the  day  of  the 
week  he  will  keep  his  books  open.  The  district  registra- 
tion officers,  hereinbefore  provided  for,  shall  keep  the  reg- 
istration book  for  such  district  open  at  some  convenient  office  hours 
place  therein  for  the  purpose  of  registration,  at  least  two 
days  in  each  week,  from  0  o'clock  a.  m.  to  12  m.,  and  from 
1  o'clock  p.  m.  to  7  p.  m..  from  the  first  Monday  in  Sep- 
tember until  the  second  Saturday  of  the  month  preceding 
the  day  in  each  year  in  which  there  is  any  general  elec-  . 

tion.  He  shall  give  notice  by  posting  in  three  conspic- 
uous places  in  his  district,  naming  days  of  the  week  hfs 
books  will  be  open,  and  at  what  particular  dwelling  or 
building  he  will  be.  During  the  time  that  the  district 
registration  officer  is  registering  voters  he  may  register  Time  of  reg- 
in  one  book  and  the  supervisor  in  another.  The  registra-  istration. 
tion  books  of  each  county  shall  be  closed  on  said  second 
Saturday  of  the  month  preceding  the  day  in  each  year  in 
which  there  shall  be  a  general  election.  And  no  person 
shall  be  allowed  to  register  at  any  other  time  than  during 
the  period  herein  provided  for  the  opening  of  said  books 
for  registration  of  electors. 

Sec.  11.  Each  election  and  regisl  ration  district,  voting 
place  or  precinct  in  this  State,  as  now  laid  out,    defined 
and  fixed,  is  hereby  recognized  and     continued;  but     (he  Registration 
board  of  county  commissioners  in  each  county  are  hereby  dlstnct 
empowered,  at  any  time  prior  to  the  first  day  of    July  in 
any  year  in 'which  there  sl^ll  be  a  general  election,  to 
alter  or  change  the  same,  or  to  create  new  districts,  desig- 
nating each  district  by  number,  and  at  the  most  suitable 
point  in  each  district  to  establish  a  voting  place  or  pre- 

•Amendment,  1897. 


10 


LAWS  OF  FLORIDA. 


Change  in 
election    dis 
trlct. 


1904.  cinct,  at  which  voting  place  or  precinct  there  shall  be  two 
polling  places  as  hereafter  provided,  which  said  voting 
place  or  precinct  shall  not  thereafter  be  changed  without 
the  consent  of  four  members  of  the  board  of  county  com- 
missioners, in  meeting  assembled.  Within  ten  days  after 
there  shall  be  any  change  in  the  division,  number  or  boun- 
daries of  the  election  districts  as  now  established,  or  of 
the  location  of  the  voting  places  or  precincts,  it  shall  be 
the  duty  of  the  county  commissioners  in  each  county  in 
which  there  shall  be  any  such  change  to  make  in  writing 
an  accurate  description  of  any  such  new  or  altered  elec- 
tion districts,  setting  forth  the  boundary  lines  thereof, 
so  as  to  designate  accurately  the  limits  of  each  district 
that  has  not  already  been  clearly  defined  and  established, 
and  they  shall  at  the  same  time  name  and  clearly  defice 
and  describe  in  writing  the  voting  place  or  precinct  which 
they  shall  have  established  in  any  such  new  or  altered 
election  district,  or  in  any  district  in  which  they  may 
change  the  voting  place  or  precinct,  and  they  shall  forth- 
with cause  the  same  to  be  recorded  in  the  registry  of  deeds 
in  the  office  of  the  Clerk  of  the  Circuit  Court  for  such 
county.  On  recording  the  aforesaid  designations  and  de- 
scriptions of  said  election  districts  and  voting  places  or 
precincts  the  said  county  commissioners  shall  publish 
Publication,  the  same  for  not  exceeding  four  weeks  in  some  newspaper 
published  in  the  county,  and  if  there  be  no  newspaper 
published  in  said  county  they  shall  post  a  plainly  written 
or  printed  copy  of  said  descriptions  and  designations  at 
the  court  house  of  such  county  in  a  conspicuous  place  anil 
also  at  three  public  places  in  the  district  changed  or  al- 
tered. 

*Sec.  12.  The  supervisor  of  registration  of  the  several 
counties  of  this  State  shall  have  published  within  fourteen 
days  after  the  second  Saturday  in  the  month  preceding 
the  day  in  which  any  general  election  is  held,  a  certified 
list  of  the  registered  and  qualified  electors  of  each  election 
district  wherein  such  election  shall  be  held. 

Sec.  13.  It  shall  be  the  duty  of  the  Secretary  of  State 
to  cause  a  sufficient  number«*of  registration  books,  blank 
oaths  for  registration,  certificate  of  registration,  applica- 
tions for  renewal  of  certificates,  certificates  of  transfer, 


Publication 
of  list  of 
qualified 
electors. 


Duty  of  Sec 
retary  of 
State. 


*  Amendment,  1807. 


LAWS  OF  FLORIDA.  11 

and  other  blanks  required  to  be  used  under  this  act,  to  be  1904. 
prepared  so  that  there  shall  be  three,  of  said  registration 
books  for  each  election  district  in  each  county,  which  reg- 
istration  books  shall,  at  the  top  of  each  page,  have  printed 
or  written  the  oath  required  by  the  Constitution  to  be 
taken  by  electors  at  the  time  of  registration,  and  shall  be 
ruled  in  columns  with  proper  headings  so  as  to  indicate 
the  name  ,age,  color,  occupation  and  place  of  residence, 
including  the  street,  lot  and  block  of  any  town  or  city, 
and  the  date  of  registration  of  each  elector,  and  the  num- 
ber of  the  certificate  that  may  be  issued  to  kirn,  with  a 
separate  column  at  the  right  side  of  each  line  for  such 
notes  and  entries  as  may  from  time  to  time  be  necessary 
to  put  opposite  any  name;  Provided,  That  outside  of 
towfrs  and  cities  the  residence  may  be  designated  by  num-  proviso. 
ber  of  quarter  section  or  convenient  sub-division  thereof. 
The  pages  of  said  book  shall  be  alphabetically  arranged 
and  numbered,  and  the  lines  in  each  page  shall  be  num- 
bered, and  the  names  thereon  shall  be  alphabetically  reg- 
istered. Upon  the  requisition  of  the  county  commission- 
ers of  any  county,  the  Secretary  of  State  shall  furnish 
them  the  required  number  of  said  books  and  blanks, 
which  the  county  commissioners  shall  deliver  to  the  su- 
pervisor of  registration  of  their  respective  counties. 

Sec.  14.  Immediately  upon  the  expiration  of  the  time 
for  registration  at  the  several  precincts,  each  district  reg- 
istration  officer  shall  promptly  deliver  his  book  and  all  Duty  of  Dto- 
blanks  left  in  his  possession  to  the  supervisor  of  regis- 
Iration  at  the  county  site,  and  therupon  the  suy>orviso'r 
shall  proceed  to  make  up  the  registration  books  for  the 
several  districts  in  his  county,  so  that  three  registration 
books  for  each  election  district  shall  exactly  correspond 
and  be  as  nearly  as  mav  be  a  duplicate  the  one  of  The 
other.  Such  books  shall  be  so  marked  on  the  lv:cks  there- 
of as  to  designate  clearly  to  which  election  district  the? 
belong,  and  one  of  the  said  books  for  every  election  dis- 
trict shall  be  marked  bv  tlio  supervisor  on  the  back  there- 
of with  the  words  "OfhYp  ropy."  and  which  office  copies 
shall  at  all  time  be  kopt  bv  the  supervisor  in  his  «»ffice. 
The  original  registration  books  used  by  the  district  reg- 
istration officials  shall  also,  after  b^ing  returned  by  them, 
be  kept  by  the  supervisor  in  his  office. 


12 


LAWS  OF  FLORIDA. 


Proviso, 


1904.  Sec.  15.  Each  elector,  upon  being  registered,  shall  be 

furnished  by  the  registration  officer  with  a  certificate  of 
registration?'  registration,  which  certificate,  issued  by  the  supervisor, 
shall  be  numbered  in  each  district  for  which  they  arc 
i'ssued,  by  consecutive  numbers,  in  the  order  in  which 
they  avr  issued  by  him.  which  certificates  shall  contain  a 
statement  of  the  full  name,  age,  color,  height,  occupation, 
place  of  residence  and  date  of  registration,  as  entered  in 
the  registration  books,  which  certificates  shall  be  signed 
by  the  registration  officer.  No  person  shall  be  allowed 
to  vote  in  any  other  election  district  than  the  one  in  which 
he  is  registered;  nor  shall  any  person  whose  name  does 
not  appear  upon  the  registration  books  be  allowed  to 
vote;  Proriclca,  That  irhen  the  name  of  any  one  who  was 
duly  registered  prior  to  the  approval  of  this  act  does  not 
appear  on  the  registration  books  of  the  election  district 
in  which  he  registered,  and  in  which  he  resides,  such  per- 
son shall,  on  makir>io-  satisfactory  proof  to  the  supervisor 
of  rejristration  of  the  fact  of  his  previous  registration, 
and  that  his  name  has  been  improperly  omitted  from  the 
said  books,  be  entitled  to  have  his  name  restored  to  sftid 
books  on  application  to  the  supervisor  of  registration,  and 
shall  thereupon  receive  from  such  supervisor  a  certificate 
of  registration  similar  to  that  hereinbefore  provided  for, 
across  the  face  of  which  shall  be  written  in  red  ink  the 
words  '^Restoration  (Certificate,"  by  the  supervisor  of  reg- 
istration, on  the  production  of  which,  at  the  proper  poll- 
ing1 place  of  the  proper  elction  district,  he  shall  be  enti- 
tled to  vote,  even  thouorh  his  name  does  not  appear  on 
the  registration  books  of  such  district;  Prnri  fieri.  Said 
certificate  of  registration  properly  identified  him  to  the 
managers  of  the  oloction.  The  certificate  of  registration 
shall  be  of  the  following  form  : 

REGISTRATION  CERTIFICATE  XO  .  . 


Restoration 
certificate. 


Election  District  Xo 


Form  of  res-   STATE  OF  FLORIDA, 
iatration  cer- 
tificate. 

COUNTY.   ) 

The  bearer -....',  is  at  the  date  hereof  a  quali- 
fied elector  in  the  above  district.     He  resides  at  . , 

is years  of  age.  by  occupation  a 

He  is  ....  feet  ....  inches  in  Ji«ie-ht:  his  color  is 

and  he  is  entitled  to  vote  in  said  district,  unless  herein- 


LAWS  OF  FLORIDA.  13 

, — •— 

after  disqualified.     Registered  on  this day  of. . .  .        1964. 

A.I).  18.. 


Supervisor  of  Registration  for  said  County. 

The  certificate  of  transfer  in  this  act  provided  for  to  t>e 
used  in  ca^es  of  transfer  from  one  election  district  to  an- 
other, shall  be  of  the  following  form: 

TRANSFER  REGISTRATION  CERTIFICATE  NO.  ... 

STATE  OF  FLORIDA,    ) 

>   Election  District  Xo 

GOUNTY.     )  9 

The  bearer is  at  the  date  hereof  a  qualified 

elector  in  the  above  district.     He  resides  at 

.  , .  •    Transfer 

is years  of  age,  by  occupation registration 

He  i»  .  . .  .feet  ....  inches  in  height;  his  color. ,  certlficate« 

and  ke  is  entitled  to  vote  in  said  District  Xo ,  where 

he  formerly  resided. 

Transferred  on  this  .      .  dav  of  .  ...  A.  D.  IS.  .. 


Supervisor  of  Registration  for  said  County. 

Sec.  1f>.  Whenever  it  may  be  necessary,  the  Supervisor 
of  Registration  of  any  county  shall  transfer  and  tran- 
scribe into  new  registration  books  from  whatever  regis-  Duty  of  Su- 
tration  books  may  bo  in  possession  of  such  supervisor, 
the  names  of  all  electors  who  appear  upon  said  old  books, 
to  be  properly  and  legally  registered  electors  thereon  at 
the  time  of  such  transfer  to  said  three  new  books,  taking 
care  that  the  names  of  all  electors  shall  be  transcribed 
only  in  the  books  of  the  election  district  to  which  such 
electors  belong.  At  the  end  of  tho  time  provided  by 
this  act  for  the  registration  books  to  be  kept  open  by  the 
supervisor  of  registration  the  said  books  shall  be  closed, 
and  shall  not  again  be  opened  for  registration  until  after 
the  next  succeeding  general  elections,  except  as  herein  Registration 
provided,  and  the  supervisor  of  registration  shall  attach  closed.10  ** 
his  certificate  to  each  of  said  three  registration  books, 
certifying  that  they  have  been  examined  and  revised  by 
him,  and  that  he  has  caused  such  registration  to  be  made 
in  compliance  with  the  Constitution  and  laws  of  the  State 
of  Florida,  fairly  and  impnrtially,  to  the  best  of  his  abili- 
ty, and  such  books,  or  list  of  names  so  certified,  with  such 
additions,  corrections,  erasures  and  revisions  as  in, 'my 


LAWS  OF  FLORIDA. 

from  time  to  time  in  conformity  to  law,  be  made  to  or  of 
the  same,  shall  constitute  the  registration  books  and  lists 
of  such  county.  The  supervisors  of  registration  of  elec- 
tors in  the  various  counties  shall  be  the  official  custodian 
supervisor.  ojf  the  l)0oks  of  registration,  and  they  shall  have  the  ex- 
clusive control  and  management  of  all  matters  pertaining 
to  the  proper  registration  of  electors  at  all  times.  When- 
ever it  shall  come  to  ihe  knowledge  of  the  supervisor  of 
registration  that  any  elector  has  died  or  become  disquali- 
fied to  vote  by  reason  of  conviction  of  any  ffcsqualifying 
crime,  or  from  any  other  cause,  or  has  removed  from  the 
county,  or  from  one  election  district  to  another  in  the 
county  without  obtaining  a  certificate  of  transfer,  or  that 
his  right  to  vote  has  become  in  anywise  affected  since  his 
registration,  it  shall  be  the  duty  of  said  supervisor  to 
make  a  note  of  such  a  fact  on  the  proper  registration 
books  opposite  the  name  of  such  person,  and  to  mark  off 
the  names  of  duch  persons  as  have  so  ceased  to  be  qualified 
electors  by  running  a  pen  through  the  name  of  such  per- 
son on  such  books,  and  in  such  cases  the  supervisor  shaU 
carefully  note  in  said  books  the  date  of  such  erasure,  and 
in  no  case  shall  the  inspectors  or  managers  of  any  elec- 
tion allow  any  person  to  vote  whose  name  shall  appear 
on  the  books  to  have  been  there  struck  off  or  erased, 
whether  such  person  shall  have  a  certificate  of  registra- 
tion or  not,  unless  he  produces  or  exhibits  to  such  mana- 
gers a  proper  certificate,  signed  by  the  supervisor  of  regis- 
tration, showing  that  he  has  been  properly  restored  to 
said  books  subsequent  to  the  date  of  said  erasure  of  his 
name  from  said  books.  All  additions  to,  corrections  and 
other  entries  in,  and  all  erasures  of  names,  and  the  causes 
and  dates  thereof,  shall  be  made  by  the  supervisors  in  all 
three  of  the  registration  books  belonging  to  each  election 
district  in  his  county,  so  as  to  keep  all  three  of  said  books 
at  all  times  as  near  as  may  be  duplicates  the  one  of  ihe 
other;  Provided,  That  when  the  name  of  any  elector  shall 
have  been  wronfully  or  erroneously  erased,  the  same  shall 
be  restored  by  the  supervisor  of  registration  on  applica- 
tions and  proofs  to  him,  or  may  be  restored  by  order  of 
the  board  of  county  commissioners,  if  the  supervisor  on 
application  and  proofs,  fails  to  do  so;  And  provided 
further.  That  the  registration  books  shall  be  kept  open  to 
inspection  of  the  county  commissioners  and  the  public 


LAWS  OF  FLORIDA.  15 

during  the  consideration  of  any  application  for  permit  to       1904.   ^ 
sell  liquors,  wines  and  beer. 

Sec.  17.  Every  elector  shall  have  the  right  to  a  renewal 
of  his  certificate  of  registration  without  fee  or  change 
when  the  same  becomes  defaced  by  time  or  accident,  upon  Renewal  of 
his  surrendering  such  certificate  so  defaced  to  the  super-  certiflca^ 
visor  of  registration.  Any  elector  who  may  lose  his  cer- 
tificate of  registration  shall  be  entitled  to  a  renewal  there- 
of by  the  supervisor  of  registration  of  the  county  in  which 
such  elector  was  registered,  upon  application  therefor, 
and  proof  of  the  loss,  in  the  following  manner :  He  shall 
at  any  time  before  the  next  general  election  apply  for  a 
renewal  of  his  certificate,  stating  under  oath,  to  be  admin- 
istered by  the  supervisor,  the  facts  of  his  former  registra- 
tion and  of  such  loss,  and  that  he  has  not  sold,  bartered 
or  parted  with  his  certicate,  and  has  not  willfully  de- 
stroyed or  lost  it,  which  application  the  supervisor  shall 
examine  into,  and  if  the  facts  therein  alleged  shall  be  sus- 
tained to  the  satisfaction  of  the  supervisor,  he  shall  issue 
to  the  applicant  a  renewal  of  his  certificate,  marking  or 
stamping  across  its  face  the  word  "Renewal,"  and  shall 
make  the  proper  entry  in  the  registration,  books  of  the 
fact  of  such  renewal.  The  decision  of  the  supervisor  in 
such  case,  if  it  shall  be  against  the  application,  shall  be  ^ 
subject  to  revision  by  the  board  of  county  commissioners, 
if  he  be  notified  of  such  appeal  to  said  board  within  three 
days  after  notice  to  the  applicant  of  the  rejection  of  his 
application. 

Sec.  18.  In  case  of  the  removal  of  an  elector  from  one 
district  to  another  district  in  the  same  county,  such  elec-  Renewal  of 
tor  shall  notify  the  supervisor  of  registration  of  such  elector« 
change  of  residence,  and  shall  surrender  his  certificate  of 
registration  to  such  supervisor,  who  shall  at  once  enter 
the  fact  in  the  proper  registration  books,  and  shall  give, 
without  fee  or  charge,  such  elector  a  certificate  of  trans- 
fer of  registration  in  accordance  with  such  change  of  resi- 
dence. If  such  person  was  registered  before  a  certificate 
of  registration  was  provided  for  by  law,  and  therefore  he 
has  ro  certificate,  he  shall  be  entitled  to  have  his  name 
transferred  as  above  provided  for,  and  shall  also  receive 
the  certificate  of  transfer  as  above  provided  for.  In  case 
of  the  faliure  or  refusal  of  any  elector  to  notify  the  super- 
visor of  his  removal  of  his  residence,  as  in  this  section 


16  LAWS  OF  FLORIDA. 

1904.  provided  for,  it  shall  be  the  duty  of  such  supervisor,  upon 
the  fact  of  such  removal  being  brought  to  his  knowledge, 
°f  *°  era,se  "the  name  of  such  person  from  the  registration 
books,  and  to  note  therein  the  cause  and  date  of  such 
erasure.  No  elector,  who,  having  been  previously  regis- 
tered, shall  have  removed  from  one  district  to  another  in 
the  same  county,  shall  be  allowed  to  register,  nor  shall  he 
be  allowed  to  vote  by  the  managers  of  any  election,  vith- 
out  a  certificate  of  transfer  of  registration,  as  above  pro- 
vided. 

DUTIES  OF  COUNTY  COMMISSIONERS      CONCERNING      REGISTKA- 

TION. 

*Sec.  19.  It  shall  be  the  duty  of  the  county  commission- 

em  of  each  county,  on  the  first  Wednesday  after  the  reg- 

Duty  of         istration  books  are  closed,  as  provided  for  in  this  act,  in 

County  Com-  ,      , . 

missioners.  every  3~ear  in  which  there  is  a  general  election,  to  ex- 
amine and  revise  the  registration  books  of  said  county, 
erasing  therefrom  the  names  of  all  such  as  have  died,  or 
removed  from  the  county,  or  from  one  district  to  another 
in  the  same  county,  or  who  are  otherwise  disqualified  to 
vote,  and  restoring  such  names  as  have  been  improperly 
taken  off  by  the  supervisor  of  registration;  said  examina- 
tion and  revision  shall  be  completed  within  three  days 
thereafter,  and  immediately  the  county  commissioners 
shall  cause  to  be  published  in  a  newspaper,  if  there  be 

Publication  one  Published  in  such  county,  and  also  post  at  the  court 
house  door  a  list  of  the  names,  alphabetically  arranged, 
that  have  been  erased  or  stricken  from  the  registration 
books  of  each  district  in  such  county,  either  by  the  su- 
pervisior  of  registration,  or  said  board  of  county  com- 
missioners, and  any  person  whose  name  shall  have  been 
wrongfully  or  erroneously  erased  or  istricken  off,  and 
who  shall,  within  a  time  not  less  than  ten  days  before 
the  day  of- any  general  election  to  be  held  in  such  county, 
make  such  fact  appear  to  the  satisfaction  of  said  board1, 
shall  be  entitled  to  have  his  name  restored  to  the  regis- 
tration books,  and  the  supervisor  of  registration,  when 
so  ordered  by  the  board  of  county  commissioners,  shall 
restore  such  name  or  names  to  said  books,  with  the  date 

*Amendment,  1903. 


LAWS  OF  FLORIDA.  IT 

of  replacement  and  entries  as  to  how  or  why  such  resto-  1904. 
ration  was  made,  and  he  ghall,  without  charge,  issue  to 
said  person  or  persons  a  new  certificate  or  certificates  of 
registration,  as  provided  for  in  Section  15  of  this  act, 
and  it  thereby  made  the  duty  of  the  county  commissioners 
of  each  county  to  hold  such  special  meetings  as  may  be 
necessary  from  time  to  time  for  carrying  the'  provisions 
of  this  section  into  effect,  and  they  are  authorized  to  re- 
quire the  county  treasurer  to  pay  such  expenses. as  may  be 
necessary  in  the  performance  of  their  duties;  Provided, 
That  in  case  any  special  election  is  held  in  any  county 
of  the  State  it  shall  be  the  duty  of  the  board  of  county 
commissioners,  to  hold  a  meeting  at  least  fifteen  days  be- 
fore said  election  and  proceed  to  revise  the  registration  Revision,  l 
list  and  give  the  notices  as  provided,  as  in  cases  of  general 
election  in  this  act. 

Sec.  20.  At  each  election  the  supervisor  of  registration 
shall  furnish  the  inspectors  of  elections  of  each  polling  Regist 
place  in  each  election  district  with  one  of  the  registration  books* 
books  for  such  district,  the  supervisor  retaining  in  his  of- 
fice the  other  copy  or  duplicate  of  such  book  that  he  has 
marked  "office  copy,"  as  provided  in  section  16,  for  the 
care  and  custody  of  which  books  so  delivered  to  them, 
the  inspectors  receiving  the  same  shall  be  responsible, 
and  which  books  they  shall  return  to  the  supervisor  of 
registration  within  three  days  after  the  close  of  the  elec- 
tion. The  supervisor  of  registration  shall  not  be  author- 
ized or  required  prior  to  any  election  to  furnish  copies 
of  the  registration  books  of  his  county,  or  to  allow  indis- 
criminate handling  or  examination  thereof  by  any  one, 
but  he  shall  at  all  times  allow  any  elector  to  examine  as 
to  the  status  of  his  own  name  upon  the  books  of  the 
election  (district  to  which  such  elector  may  belong. 

Sec.  21.  The  supervisor  of  registration  shall  note  on  the 
registration  books,  which  he  shall  furnish  to  the  inspec-  Duty  of 
tors  of  the  different  election  districts,  the  name  of  all  per-  Pervlsor- 
eons  registered  therein  who  shall  have  paid  on  or  before 
the  second  Saturday  of  the  month  immediately  preceding 
the  day  of  election,  their  poll  or  capitation  taxes  for  two 
years  next  preceding  the  year  in  which  such  election  is 
held  as  shown  by  the  lists  furnished  to  the  supervisor 
by  the  tax  'collector,  and  only  such     persons  shall     be 
deemed  qualified  voters  authorized  to  vote  at  any  general, 


18 


LAWS  OF  FLORIDA. 


19Q8. 


Duty  of 


Office  hours 
iector.x 


special  or  municipal  election  ;  Provided,  That  no  person 
shall  be  prevented  from  voting  on  account  of  not  having 
so  paid  a  poll  tax.  for  any  year  which  shall  not  have  been 
lawfully  assessable  against  him  by  reason  of  his  not  hav- 
ing been  of  age  or  was  over  the  age  of  55  years,  or  who 
has  not  lost  a  limb  in  battle,  and  who  shall  have  obtained 
from  such  supervisor  a  certificate  to  that  effect,  and  shall 
at  the  time  of  offering  to  vote  exhibit  such  certificate  to 
the  inspectors  of  election.  And  it  shall  be  the  duty  of 
such  supervisor  upon  proof  being  made  to  him  to  give 
such  certificate  to  such  person,  without  cost  to  such  per- 
son, provided  he  is  otherwise  a  duly  qualified  and  regis- 
tered voter. 

*Sec.  22.  The  county  commissioners  (or  in  case  of  a 
municipal  election  the  city  or  town  council)  shall  cause 
to  be  prepared  or  secured  one  ballot  box  for  each  polling 
place  in  their  respective  counties,  of  sufficient  size  to 
receive  and  contain  all  the  ballots  of  the  particular  pre- 
cinct or  voting  place  for  which  it  is  intended,  and  it  shall 
be  plainly  marked  or  labeled  with  the  name  of  the  elec- 
tion  district  or  precinct  or  number  thereof  for  which  it  is 
intended.  Before  any  general  or  special  election  they 
shall  place  in  said  ballot  box  twice  as  many  official  bal- 
lots, so  printed  by  them,  as  there  are  registered  qualified 
electors  in  said  election  precinct,  and  after  securely  lock- 
ing said  box,  sealing  up  the  keyhole  thereof,  and  all  other 
openings,  shall  send  the  key  thereof,  in  a  sealed  envelope, 
to  the  inspector  of  election  of  said  election  district  to- 
gether with  the  box.  The  custodian  shall  be  placed  un- 
der oath  or  affirmation  to  perform  his  commission  faith- 
fully and  impartially.,,  without  favor  or  prejudice  to  any 
political  party. 

fSec.  23.  The  Tax  Collector  of  each  comity  shall  in  per- 
son or  by  deputy  be  present  in  his  office  from  9  a.  in.  to  1 
p.  m.  and  from  2  p.  m.  to  G  p.  m.  each  day,  Sundays  ex- 
cepted,  for  twenty  clays  immediately  preceding  the  sec- 
ond Saturday  of  the  month  proceeding  the  day  of  an  7  gen- 
eral or  special  election,  for  the  purpose  of  re<ieivin#  all 
poll  taxes  properly  tendered  to  him,  and  he  shall  *is'  soon 
as  practicable  after  receiving  the  same,  give  receipts 
therefor  in  due  form  of  law.  In  which  receipts  shall  be 


*Amendrrenti  1807. 
tAmendn  ent,  tqo3. 


LAWS  OF  FLORIDA. 

stated  the  color  and  age  of  the  elector  and  the  number  of        ]^- 

the  election  district  in  which  such  elector  or  person  pav- 

ing such  poll  tax  resides.     The.  Tax  Collector  shall  make 

a  list  of  those  who  have  paid  their  poll  taxes  in  each  year 

prior  to  the  second  Saturday  of  the  month  proceeding  ihe  Tax  Coiiec- 

-  •     11  LOrs  to  xiiciH.9 

day  in  any  year  upon  which  any  genera]  or  special  elec-  certified  lists 

tion  shall  be'  held,  and  such  list  shall  be  alphabetically  ar-  gl^pjjj0 

ranged.     The  Tax  Collectors  of  the  several    counties    of  poll  tax. 

this  State  within  five  days  after  the  second  Saturday  in 

the  month  proceeding  the  day  in  any  year  in.  which  nny 

general  or  special  election  shall  be  held,  shall  make  a  cer- 

tified list  in  duplicate  of  all  persons  who  have  pr\id  their 

poll  taxes  for  the  two  years  next  proceeding  the  year  in 

which  such  election  is  held,  prior  to  the  second  Saturday 

in  the  month  preceding  the  day  upon  which  such  election 

shall  be  held,  and  one  of  said  lists  shall  be  delivered  by 

the  Tax  Collector  as  soon  as  the  same  is  completed  to  the 

supervisor  of  registration,  to  be  filed  in  his  office,  and 

the  other  shall  be  forwarded  to  the    Comptroller  of  the 

State  of  Florida,  which  he  shall  file  in  his  office.     Any 

Tax  Collector  or  any  Deputy  Tax  Collector  who  shall  fail 

or  refuse  to  comply  with  the  provisions  of  this  act  shall 

be  guilty  of  a  misdemeanor  and  upon  conviction    thereof 

shall  bo  punished  by  a  fine  not  exceeding  five  hundred  dol- 

lars or  by  imprisonment  in  the  county  jail  not    exceeding 

one  year. 

*Sec.  24.  For  the  purpose  of  carrying  on  and  conduct- 
ing all  such  general  and  special  elections,  it  shall  be  the  county  Com- 
duty   of  the   county   commissioners,   in  each  county,   at  Sppointein-t0 
least  twenty  days  prior  to  the  holding  of  any  general  or  specters. 
special  election  therein,  to  appoint  three  intelligent,  dis- 
creet and  fair-minded  inspectors  of  election,  and  a  clerk 
of  election,  for  each  polling  place  in  each  ami  every  elec- 
tion district  in  such  county,  all  of  whom  shall  be  resi- 
dents  and   registered   qualified  electors   of  the  election 
district  for  which  they  shall  be  appointed;  all  of  whom 
shall  not  belong  to  the  same  political  party.  The  county 
commissioners  in  each  county  shall  cause  the  names  of  HOW  inspec- 
such  inspectors  and  clerks  of  election  to  be    published  in  designated. 
a  newspaper  published  in  such  county,  if  there  be  a  news- 
paper printed  in  the  county,  or  posted  in  a  conspicuous 


*Atnendnunt,  1897. 


20 


LAWS  OF  FLORIDA. 


1904.       place  at  the  court  house,  if  there  be  no  newspaper  printed 
"  in  the  county,  for  at  least  fifteen  days  before  the  day  of 
holding  any  general  or  special  election  in.    such  county. 
Inspectors  and  clerks  of  any  general  or  special  election 
Pay.  of  any  county  shall  be  paid  for  their  services  by  their  re- 

spective board  of  county  commissioners,  and  the  inspec- 
tors who  carry  the  returns  of  such  elections  to  their 
county  seats  and  properly  deliver  them  shall  receive  two 
(2)  dollars  per  day,  and  five  (5)  icents  per  mile  each  way 
while  performing  such  service.  No  elector  who  cannot 
read  and  write  the  English  language  shall  be  appointed 
inspector  or  clerk  of  election. 

*Sec.  25.  In  case  of  the  absence  or  refusal  to  act  of  any 
of  the  inspectors  or  clerks  of  election  appointed  by  the 
Refusal  of  board  of  county  commissioners  for  any  district  or  polling 
cierkctoract.  place,  the  qualified  electors  present  favoring  the  ticket 
which  the  absent  inspectors  or  clerk  had  been  chosen  to 
represent,  shall  choose  from  among  their  number  one  in- 
spector, inspectors  or  clerk  as  will,  together  with  the  in- 
spector, inspectors  or  clerk  present,  constitute  a  board  of 
four;  Provided,  The  inspector,  inspectors  or  clerk  so 
Proviso.  chosen  shall  (if  any  such  be  present,  represent  the  same 
political  party  that  the  absent  inspector,  inspectors  or 
clerk  wrould  represent  if  present,  and  the  preson  or  per- 
sons so  chosen  shall)  be  authorized  to  act  as  inspectors 
or  clerk  of  the  election  at  the  polling  place  where  they 
may  be  chosen,  and  said  inspectors  and  clerk  shall  each 
take  and  subscribe  an  oath  or  affirmation,  which  shall  be 
written  or  printed,  to  the  effect  that  they  will  perform 
the  duties  of  inspectors  and  clerk  of  election  according  to 
law,  and  will  endeavor  to  prevent  all  fraud,  deceit  or 
abuse  in  conducting  the  same. 

Such  oath  may  be  taken  before  any  officer  authorized 
to  administer  oaths,  or  before  either  of  the  persons  who 
are  to  act  as  inspectors,  one  of  them  to  swear  the  others, 
and  one  of  the  others  thus  sworn  in  turn  to  administer 
the  oath  to  him  who  has  not  been  sworn,  and  such    oath 
shall  be  returned  with  the  poll  list,  and  the  returns  of  the 
election  to  the  Supervisor  of  Registration.     One  of  the 
!n!  inspectors  shall  be  chosen  by  them  as  chairman  of  their 
epectors.         board. 


How   oath 
may  be 
taken. 


*Amendrreni,  1897. 


LAWS  OF  FLORIDA.  21 

In  any  and  all  questions  that  may  arise  before  said  in-  1904. 

spectors  of  election,  the  decision  of  a    majority  of  them  JJ^0^afe" 
shall  decide  such  questions.  tions  arising 

i      ,.          ,.      before  In- 

*Sec.  26.  There  shall  be  in  each  and  every  election  dis-  specters. 
trict  in  each  county  one  polling  place,  presided  over  and 
managed  by  a  board  of  inspectors  and  clerk  of  election,  Polling 
as  provided  for  by  law.  At  each  of  said  polling  places  a  p 
space,  such  as  the  inspectors  of  election  shall  deem  fit 
and  sufficient,  shall  be  railed  off  and  constructed, .  with 
an  opening  at  one  end  or  side  for  entrance  of  the  voter 
and  an  opening  at  the  other  for  his  exit,  as  a  polling 
place  in  which  to  hold  the  election.  But  one  voter  shall 
be  allowed  to  enter  any  polling  place  at  a  time,  and  no 
one  except  the  inspectors  of  the  election  snail  be  allowed 
to  speak  to  the  voter  while  in  the  polling  place  casting 
his  vote,  and  no  iuspeitor  shall  speak  to  or  interfere 
with  any  voter  concerning  the  manner  of  his  voting  OP 
any  ballot  he  may  vote,  otherwise  than  to  perform  his 
duties  as  such  inspector  specified  herein. 

Sec.  27.  The  polls  shall  be  opened  at  such  voting  places 
at  8  o'clock  a.  in.,  on  the  day  of  the  election,  and  shall 
be  kept  open  until  sundown  of  the  same  day,  the  time  to  opening  of 
be  observed  for  such  opening  and  closing  of  the  polls  to  poUs* 
be  regulated  by  the  customary  time  in  standard  use  in 
such  locality.  The  inspectors  may,  however,    adjourn    be- 
tween 12  and  1  o'clock  for  half  an  hour.    The    inspectors 
shall  make  public  proclamation  of  the  opening  and  closing 
of  the  polls,  and  the  mid-day  adjournment.     During  the 
adjournment  the  ballot  box  shall  be  kept  in  the  posses-  Adjourn- 
sion  of,  and  in  view  of  two  of  the  inspectors,    who  shall  r 
not  have  the  key  thereof,,  and  during  the  election  and 
canvass  of  the  votes  the  ballot  box  shall  not  be  concealed 
from  the  public. 

Sec.  28.  In  all  elections  hereafter  held  in  this  State  on 
any  subject  which  may  by  law  be  submitted  to  a  vote 
of  the  people,  and  for  all,  or  any  State,  county,  district, 
or  municipal  officers,  the  voting  shall  l>e  by  secret  official  Secret  bai- 
ballots  printed  and  distributed  as  hereinafter  provided,  lots- 
and  no  ballot  shall  be  received  or  counted  in  any  election 
to  which  this  act  applies,  except  it  be  provided  as  herein 
prescribed.  • 

*Amendment.  Session 


22 


LAWS  OF  FLORIDA. 


1904. 


Cast  of  bal- 
lots. 


County  Com- 
missioners 
to  print 
ballots. 


Other  du- 
ties. 


What  names 
the  ballot  to 
contain. 


Sec.  29.  The  printing  and  delivery  of  the  ballots  and 
cards  of  instruction  to  voters  hereinafter  prescribed 
shall  in  municipal  elections  be  paid  for  by  the  several 
cities  or  towns  respectively,  and  in  all  other  elections  by 
the  several  counties  respectively. 

*Sec.  30.  The  board  of  county  commissioners  (or  in 
case  of  a  municipal  election  the  city  or  town  council)  of 
each  county  shall  cause  to  be  printed  on  the  ballots  to 
be  used  in  their  respective  counties  the  names  of  all  can- 
didates who  have  been  put  in  nomination  by  any 
caucus,  convention,  mass  meeting,  primary  election  or 
other  assembly  of  any  political  party  or  faction  in  this 
State  and  certified  and  filed  with  them  not  more  than 
sixty  nor  less  than  twenty  days- previous  to  the  day  of 
election,  which  certificates  shall  contain  the  name  of 
each  person  nominated  and  the  office  for  which  he  is  nom- 
inated, and  shall  be  signed  by  the  presiding  officer  and 
secretary  of  such  caucus,  convention,  mass  meeting,  or 
other  assembly,  or  by  the  canvassing  board  of  such  prim- 
ary election,  and  be  duly  acknowledged  by  one  or  more 
of  them  before  arty  officer  authorized  by  law  to  take  the 
acknowledgments.  The  board  of  county  commissioners 
(or  in  case  of  a  municipal  election,  the  city  or  town 
council)  shall  also  cause  to  IK?  printed  upon  said  ballots 
the  name  of  any  qualified  elector  who  has  been  requested 
to  be  a  .candidate  for  any  office  by  written  petition 
signed,  in  case  of  a  candidate  for  a  State  or  Federal  of- 
fice, by  at  least  five  hundred  electors,  in  case  of  a  county 
or  municipal  office,  by  at  least  twenty-five  electors  quali- 
fied to  vote  in  the  election  to  fill  said  office,  when  such 
petition  lias  been  filed  with  them  not  more  than  sixty 
days  nor  less  than  twenty  days  previous  to  the  election. 
And  in  addition  to  the  name  printed  upon  said  ballot, 
and  whether  there  b3  any  names  printed  on  said  ballots 
or  no.  there  shall  be  printed  under  each  office  to  be  voted 
for  at  the  election,  blank  lines  in  number  equal  to  the 
number  of  persons  who  may  be  elected  to  fill  that  office. 
The  name  of  no  person  shall  be  printed  upon  the  ballot 
who  shall,  not  bss  than  twenty  .days  before  the  election, 
notify  tin?  board  of  county  commissioners,  in  writing, 
acknowledged  before  an  officer  authorized  by  law  to  take 


LAWS  OF  FLORIDA. 

acknowledgments,  that  he  willnot  accept  the  nomination       1904.    ^ 

specified  in  the  certificate  of  nomination  or  request  of 

electors;  Provided,  however.  That  when  any  person  who 

has  been  regularly  nominated  and  who  shall  decline  to 

run  for  the  office  to  which  he  has  been  nominated,  the 

party  by  which  such  person  was  nominated  shall  be  al- 

lowed five  days  after  such    declination  to  run  by     such 

person,  in  which  to  substitute  another  candidate.    In  case 

of  any  person  to  be  voted  for  by  the  electors  of  the  whole 

State,  or  of  any  entire  Congressional  District,  such  cer- 

tificate of  nomination  shall  be  filed  in  the  office  of  the  Certificate 

Secretary  of  State  not  less  than  thirty  da.vs  before  the  office  ofeseo* 

da     of  election,  and  such  Secretar    of  State  shall  there-  ° 


upon  immediately  certify  to  the  board  of  county  commis- 
sioners of  each  county  in  the  State  in  case  of  an  officer 
to  be  voted  for  by  the  electors.  of  the  whole  State,  and  to 
the  boards  of  county  commissioners  of  the  counties  com- 
posing the  Congressional  District  in  case  of  an  officer  to 
be  voted  for  by  the  electors  of  such  district,  upon  suita- 
ble blanks  to  be  prepared  by  him  for  that  purpose,  the 
fact  of  such  nomination  and  the  name  of  the  nominee  or 
nominees,  and  the  name  of  the  office  to  which  he  or  they 
may  be  nominated,  and  the  name  of  such  person  shall 
be  printed  by  the  board  of  county  commissioners  upon 
the  ballot  in  its  proper  place  in  all  respects  as  herein 
provided  for  nominations  filed  in  the  office  of  the  board 
of  county  commissioners;  and  any  Secretary  of  State 
who  shall  willfully  fail  or  refuse  to  certify  such  nomina- 
tions as  herein  provided  shall  be  guilty  of  a  misde- 
meanor; and,  on  conviction,  shall  be  fined  not  more  than 
one  thousand  dollars  and  in  the  event  of  such  failure  or  Penalty. 
refusal,  such  certificate  shall  be  made  by  the  State  Comp- 
troller. 

9  Sec.  f>l.  Any  person  who  shaall  falsely  make  or  fraudu- 
lently destroy  any  certificate  of  nomination,  or    any  part  penalty  for 
thereof,  or  file  any  certificate  of  nomination,  knowing  the  ^tsee  cert'fl- 
same,  or  any  part  thereof,  to  be  false,  or    suppress    any 
nomination  which  has  been  duly  filed,  or  any  part  theivof. 
shall  be  guilty  of  a  felony,  and,  on     conviction     'thereof, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
or  more  than  five  vears. 


24 


LAWS  OF  FLORIDA. 


1904. 


Sec.  32.  The  board  of  county  commissioners  shall 
ruing  certi-  cause  to  be  preserved  in  the  office  of  the  clerk  of  the  cir- 
fleates.  cujt  court  all  certificates  and  petitions  of  nominations 

filed  thereon  under  the  provisions  of  this'  act  for  six 
months  after  the  election  for  which  such  nominations  are 
made. 


•What  the 
fcaltot  to 
•ontain. 


Constitution- 
al amend- 
it. 


taJlot. 


Sec.  33.  The  ballots  printed  in  accordance  with  the 
provisions  of  this  act  shall  contain  the  names  of  all  can- 
didates nominated  as  hereinbefore  provided  who  have  not 
declined.  The  names  of  all  candidates  for  the  same  of- 
fice shall  be  printed  together,  irrespective  of  party.  But 
the  order  in  which  the  titles  to  the  several  offices  to  be 
filled  shall  be  arranged  upon  the  ballots,  shall  be  left  to 
the  discretion  of  the  officer  charged  with  the  printing  of 
said  ballots. 

Sec.  34.  Whenever  a  constitutional  amendment  or  other 
public  measure  is  submitted  to  a  vote  of  the  people,  the 
substance  of  each  amendment  or  other  public  measure 
shall  be  twice  in  the  same  language  indicated  upon  the 
ballot  after  the  list  of  candidates,  followed  in  one  case 
by  the  word  "yes,"  and  in  the  other  by  the  word  "no." 

Sec.  35.  All  ballots  provided  by  the  board  of  county 
commissioners  of  any  county  for  an  election  shall  be 
alike,  printed  in  plan  type  in  straight  lines,  upon  plain 
white  paper  so  thick  that  the  printing  cannot  be  distin- 
guished from  the  back,  with  a  slender  line  between  each 
name,  and  extending  sufficiently  to  the  left  of  the  names 
to  easily  permit  making  before  each  name  a  cross  mark 
(X),  and  in  the  appropriate  place  the  words,  "vote  for 
one"  (or  two,  or  other  number,  as  the  case  may  be),  to 
indicate  the  number  which  may  be  elected  to  each  office, 
and  shall  be  substantially  in  the  following  form,  except, 
the  order  in  which  the  several  offices  to  be  filled 
namely : 


LAWS  OF  FLORIDA.  25 

<— '*-— 

Official  ballot,  elected,  A.  D.  189—  (year  to  be  printed).        190*. 

Precinct  No County.     (Precinct  and  county 

to  be  printed).     (Make  a  cross  mark     (X)     before    the 
name  of  the  candidate  of  your  choice). 

Vote  for  one: 

For  Governor. 
Henrv  Fishier. 


William  Jones.  Form  at 

ballot. 


John  Smith. 

Vote  for  one: 

For  Secretary  of  State. 
William  King. 


Thomas  Moore. 
James  Simpson. 

Vote  for  one: 

For  Sheriff. 
Thomas  Jones. 

George  Smith. 
James  White. 

Vote  for  two: 

For  Representatives  in  the  General  Assembly. 
William  Daniels. 


John  Doe. 


Constitutional  Amendment.     Article.  .Section.  .   Yes. 
Constitutional  Amendment.     Article.  .Section. .  No. 

Sec.  36.  All  ballots  for  use  in  each    precinct  or    ward 
shall  be  fastened  together  in     convenient     numbers     in 
books  or  blocks,  in  such  manner  that  each  ballot  may  be  How  ballot* 
detached  and  removed  separately.     Each  ballot  shall  have  to  be  arrant- 
attached  to  it  a  stub  with  perforated  lines  of    sufficient 
size  to  enable  one  of  the  inspectors  to  write  or  stamp  his 


LAWS  OF  FLORIDA. 


1904. 


Number  of 
ballots  at 
voting 
place. 


Commission 
ers. 


name  or  his  initials  thereon,  and  so  attached  to  the  bal- 
lot that  when  the  same  is  folded  the  stub  can  be  detached 
therefrom  without  injury  to  the  ballot  or  exposing  the 
contents  thereof. 

*Sec.  37.  There  shall  be  provided  for  each  voting  place 
at  least  one  hundred  ballots  for  each  fifty  registered  qual- 
ified electors  at  said  polling  place. 

*Sec.  38.  The  county  commissioners  of  each  county,  or 

in  case  of  a  municipal  election,  the  Mayor  or  other  chief 

Booths  to  be  executive  officer,  shall  provide  at  each  polling  place,     a 

provided    by 

County  room  or  covered  enclosure,  and  in  such  place  or    covered 

enclosure  shall  provide  booths  or  compartments,  one 
booth  or  compartment  for  each  one  hundred  or  fraction 
of  one  hundred  or  over  fifty  qualified  electors  registered 
for  that  election,  and  furnish  each  with  a  shelf  or  table 
for  the  convenience  of  electors  preparing  their  ballots. 
Each  booth  or  compartment  shall  be  so  arranged  that  it 
will  be  impossible  for  one  elector  at  a  shelf  or  table  iti 
one  compartment  to  see  an  elector  at  a  shelf  or  table  in 
another  compartment  in  the  act  of  marking  his  ballot. 
Each  voting  shelf  or  table  shall  be  kept  supplied  with 
conveniences  for  marking  the  ballots. 

Sec.  39.  Xo  person  shall  be  permitted  under  any  pre- 
text whatever  to  come  within  fifteen  feet  of  any  door  or 
window  of  any  polling  room  from  the  opening  of  the 
polls  until  the  completion  of  the  count  of  the  ballots  and 
certificates  of  the  returns,  except  as  herein  provided. 

f  See*  40.  The  board  of  county  commissioners  (or  in 
case  of  a  municipal  election,  the  city  or  town  council)  of 
each  county  shall  cause  to  be  printed  in  large  type  on 
cards,  instructions  for  the  guidance  of  electors  in  prepar- 
ing their  ballots.  They  shall  furnish  to  the  inspectors 
twelve,  or  more  if  necessary,  such  cards  for  each  precinct 
or  ward,  and  it  shall  be  the  duty  of  the  inspectors  to  post 
one  of  such  cards  in  each  booth  or  compartment  for  the 
preparation  of  ballots,  and  not  less  than  three  in  promi- 
nent places  elsewhere  and  outside  of  the  polling  place  the 
day  of  election.  Said  cards  shall  be  printed  in  large, 
clear  type,  and  shall  contain  full  instructions  to  elector? 
as  to  what  shall  be  done.  First,  to  obtain  ballots  for 


>.-<v/i.  to  ap- 
proach poll- 
ing place. 


Printed 
cards  to  in- 
struct elec- 
tors. 


*Amendment,  1^07. 
t  Amendment,  1895. 


LAWS  OF  FLORIDA.  27 

voting;  second,  to  prepare  the  ballot  for    deposit  in  tho        1904."  ^ 
ballot  box;  third,  to  obtain  a  new  ballot  in  the    place  of 
one  accidentally  spoiled. 

Sec.  41.  Any  person  who  willfully,  during  or  before  av 
election,  removes,  tears  down,  or  destroys  or  defaces  any  Penalty  for 
booth  or  compartment,  or  any  convenience    provided  for  booth?*  ' 
the  purpose  of  enabling  the  elector  to  prepare  his  ballot, 
or  any  card  printed  for  the  instruction  of  electors,  shall 
be  (guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  or  more    than  five    hun- 
dred dollars. 

Sec.  42.  Except  as  electors  are  admitted,  one  at  a  time, 
to  vote,  and  except  the  sheriff  or  his  deputy,  the  inspectors  \vho  to  b« 
and  clerks  of  election,  and  as  many  elctors  as  there  may  in  the  bootlu 
be  booths  or  compartments,  no  person  shall  be  permitted 
within  fifteen  feet  of  the  polling  place.     Xo  sheriff,'  rls'pu- 
ty  sheriff  or  city  policeman  shall  enter  the    polling  place 
without  permission  from  a  majority  of  the  inspectors  of 
the  election,  except  to  cast  his  own  ballot. 

Sec.  43.  When  the  right  to  vote  of  any  person  who  de- 
mands to  be  permitted  to  vote  is  questioned  by  any  elec-  challenging 
tor,  the  said  challenge  shall  be  communicated  to  the  in-  tne  elector, 
spectors  before  the  person  is  permitted    to  vote  by    the 
sheriff,  or  pome  other  officer  or  person  in  attendance  and 
in  charge  of  admission  'to  the  polling  place,  when  his  right 
to  vote  must  be  determined  as  required  by  law. 

Sec.  44.  Xo  elector,  while  receiving,  preparing  and  cast- 
ing his  ballot,  shall  occupy  a  booth  or  compartment  for  a  Time  for  re- 
longer  time  lhan  five  minutes.     Xo  elector    shall  be    al-  {JJ^1^118  in 
lowed  to  occupy  a  booth  or  compartment  already  occupied 
by  another  ,nor  1o  speak  or  converse  with  any  one,  except 
as  herein  provided,  while  in  the  polling  place. 

Sec.  45.  After  having  voted,  or  declined  or  failed    to 
vote  within  five  minutes,  the  elector    shall     immediately  Time   allow- 
withdraw  from  the  place  and  go  beyond  the  prohibited  e 
distance,  and  shall  not  enter  the  polling  place  again. 

*Sec.  46.  Each  elector  upon  entering  the  polling  place 
shall  be  given  one  ballot  by  the  inspectors.-    Before  deliv-  Manner  of 
ering  the  ballot  to  the  elector,  at  least  one  of  the  in  spec- 
tors  shall  write  in  his  own  hand  his  initials  or  r.ame  on 


28 


LAWS  OF  FLORIDA. 


1904.  tne  stufo  attached  to  the  ballot.  On  receiving  the  ballot, 
the  elector  shall  forthwith  and  without  leaving  the  polling 
place,  retire  alone  to  one  of  the  booths  or  compartments 
provided  for  that  purpose,  and  there  prepare  his  ballot  by 
marking  with  pen  and  ink  or  pencil,  in  the  appropriate 
margin  or  place  a  cross  mark  "X"  before  the  name  of  the 
candidate  of  his  choice  for  each  office  to  be  filled,  or  by 
filling  in  the  name  of  the  candidate  of  his  choice  in  1he 
blank  space  provided  therefor,  and  marking  the  cross 
mark  "X"  in  the  appropriate  margin,  and  likewise  by 
marking  the  cross  "X"  before  the  answer  he  desires  in 
case  of  a  constitutional  amendment  or  other  question  sub- 
mitted to  a  vote  of  the  people. 

Elector  who       *Sec.  47.  Any  elector  applying  to    vote  who  by  reason 
la  wind  or     of  blindness  or  the  loss  of  the  use  of  his  hand  or  hands  is 

lost  use  of  .  .  ..    . 

hia  tands  to  unable  to  prepare  his  ballot,  may  have  the  assistance  of 
assis  tne  inspectors  in  the  preparation  of  his  ballot,  who  shall 
retire  to  a  booth  or  compartment  with  the  elector  and 
there  prepare  the  elector's  ballot,  so  as  to  indicate  1he 
elector's  declared  choice  of  candidates  as  to  each  oil'ice 
to  be  filled,  without  suggestion  or  interference  from  in- 
spectors. But  in  all  cases  any  elector  before  retiring  to 
the  booth  as  provided  in  this  section  may  have  one  of  the 
clerks  of  the  election  to  read  over  to  him  the  titles  of  the 
offices  to  be  filled  and  the  candidates  therefor. 

Sec.  48.  Before  any  elector  applying  for  assistance  in 
the  preparation  of  his  ballot,  as  provided  for  in  section 
47,  shall  be  required  or  permitted  to  declare  his  choice 
of  candidates,  all  electors,  including  those  in  tho  booths 
or  compartments,  after  voting  shall  be  required  to  with- 
draw from  the  voting  place. 

Sec.  49.  Any  person  making  a  false  declaration  under 
the  provisions  of  section  47  shall  be  guilty  of  felony,  and, 
on  conviction  thereof,  shall  be  imprisoned  in  the  peniten- 
tiary not  less  than  one  nor  more  than  five  years. 

Sec.  50.  Any  inspector  who  shall  willfully  deceive  any 
elector  in  preparing  his  ballot"  shall  be  guilty  of  a  felony, 
and,  on  conviction  thereof,  shall  be  imprisoned  in  the  pen- 
itentiary not  less  than  one  nor  more  than  five  years. 


Elector    de- 
claring  hia 
choice. 


Penalty. 


Penalty. 


*Amendment,  1895. 


LAWS  OF  FLORIDA.  29 

Sec.  51.  Any  inspector  who  shall  disclose  how  any  elec- 
tor may  have  voted,  unless  upon  the  trial. of  an    indict-  Penalty  for 
ment  in  a  court  of  competent  jurisdiction  he  may  be  so  £!?w<?nneieo- 
required,  shall  be  guilty  of  a  .  misdemeanor,    and,  upon  tor  votefl- 
conviction  thereof,  shall  be  fined  not  less    than  ten  not 
more  than  one  hundred  dollars. 

Sec.  52.  Any  elector  who  shall,  by  accident  or  mistake, 
spoil  a  ballot  so  that  he  cannot  conveniently  or  safely 
vote  the  same,  may  return  it  to  the  inspectors  who  slmJ1 
immediately  detach  the  stub  and  destroy,  without  exami- 
nation, the  ballot  so  returned,  and  shall  give  to  the  elec- 
tor another  ballot  in  lieu  thereof,  but  in  no  case  shall  an 
elector  be  furnished  with  more  than  three  ballots.  In 
no  case  shall  any  person  be  permitted  to  carry  a  ballot 
outside  of  the  polling  room.  A  record  shall  be  kept  by 
the  clerk  of  election  of  all  ballots  destroyed,  as  herein 
provided  for. 

Sec.  b3.  After  preparing  his  ballot  the  elector  shall  fold   • 
the  same  so  as  to  conceal  the  face  thereof  and  show  the  Elector  to 
stub  thereto  attached  with  the  name  or    initials  of    the  fot^Vh?1" 
inspector,  and  hand  it  to  the  receiving    inspector,    who  ballot  box- 
shall  detach  the  stub  therefrom  and  return  the  ballot  to 
the  elector,  who  shall  deposit  the  ballot  in  the  ballot  box 
in  the  presence  of  the  inspectors.     All    stubs    detached 
from  ballots  as  provided  for  in  this  section  shall  be  num- 
bered consecutively  and  filed  by  the  inspectors. 

Sec.  54.  If  the  elector  marks  more  names  than    thsre 
are  persons  to  be  elected  to  an  office,  or  if  for  any  reason  Marking 
it  is  impossible  to  determine  the  elector's  choice  for  any  "^  *$££? 
office  to  be  filled,  his  ballot  shall  not  be  counted  for  such  are  persona 
office,  but  this  shall  not  vitiate  the  ballot,  so  far  as  prop   t 
^rly  marked,  and  nothing  herein  shall  be    construed    to 
prevent  any  elector  from  voting  for  any  qualified    person 
other  than  those  whose  names  are  printed  on  the  ballot. 

*Sec.  55.  Any  elector  who  shall,  except  as  herein    pro- 
vided, allow  his  ballot  to  be  seen  by  any  person,  or  who  penalty  for 
shall  take  or  remove,  or  attempt  to  take  or  remove,  any  violation  of 
ballot  from  the  poling  place  before  the  close  of  the  polls,  law. 
or  place  any  mrtrk  upon  his  ballot  by  which  it    may    bo 
identified,  or  take  into  the  election  booth  any  mechanical 
device,  ticket  or  memorandum,  printed  or  written,  other 

•Amendment,  1897. 


30  LAWS  OF  FLORIDA. 

.  1904.  than  the  official  ballot  or  tickets  to  enable  him  to  mark 
said  ballot  or  ticket,  or  any  person  who  shall  interfere 
with  any  elector  when  inside  of  the  polling  place,  or  when 
marking  has  ballot,  or  unduly  influence,  or  attempt  to  un- 
duly influence  any  elector  in  the  preparation  of  his  ballot, 
or  any  elector  who  shall  remain  I'/nger  than  the  specified 
time  allowed  by  this  act  in  the  booth  or  compartment, 
after  being  notified  that  his  time  has  expired,  or  who 
shall  en  deavor  to  induce  any  elector  to  show  how  he 
marks,  or  has  marked,  his  ballot,  or  aids,  or  attempts  to 
aid,  any  elector  by  any  means  of  any  mechanical  device, 
whatever  in  marking  his  ballot,  or  shall  print  or  procure 
to  be  printed,  or  have  in  his  possession  any  copy  of  any 
ballot  prepared  to  be  voted,  shal  Ibe  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  fined  not  loss  than 
ten  nor  more  than  on?  hundred  dollars,  or  imprisoned  not 
more  than  three  months,  and  any  ballot  marked  by  the 
elector  for  identification  shall  be  rejectee1 

Sec.  50.  Any  officer  who  willfully  and  knowingly     re- 
fuses or  fails  to  perform  the  duties     herein     prescribed, 
offlTcery-whor    sna^  ^e  £viilty  of  a  misdemeanor,  and,  upon     conviction 
fails  to  per-   thereof,  shall  be  fined  not  less  than  one  hundred  nor  more 
duty1.  his        than  one  thousand  dollars.     But  this  section  shall  not  be 
held  to  applv  to  cases  where  a  different    penalty  Is    pre- 
scribed by  this  act. 

Secx  57.  Any  officer  or  officers  after  being  sworn  in  who 
Penalty  for  willfully  and  knowingly  neglects,  or  fails  or  refuses  to 
officers  after  perform  the  duties  herein  prescribed,  cliall  be  guilty  of  a 
in.  l  misdemeanor,  except  as  herein  otherwisa  provided,  and!, 

on  conviction,  shall  be  fined  not  less  than  fifty  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  not  less 
than  sixty  days,  nor  more  than  six  months.  And  in  the 
event  the  board  of  county  commissioners  of  r.ny  county 
is  unable,  or  neglects,  fails  or  refuses  to  perform  the  du- 
ties herein  prescribed,  the  duties,  responsibilities  and  au- 
thorities of  the  board  of  county  commissioners  shall  de- 
volve upon  the  clerk  of  the  circuit  court  of  the  county. 

Sec.  58.  When  any  person  shall  have  voted,  his    name 
Clerk  to         shall  be  checked  on  the  margin  of  the     page     opposite 
keep  poll        thereto  upon  the  registration  book  by  one  of  the  inspec- 
tors, and  the  clerk  of  the  election  shall  keep  a  poll  list, 
which  shall  contain  one  column  headed  "name  of  voters" 
and  the  name  of  each  elector  voting  shall  be  entered  by  • 


LAWS  OF  FLORIDA.  31 

the  clerk  in  such  column  as  he  votes.    And  the  inspectors 1904. 

of  election  shall  have  the  authority  and  power  to  prevent 

all  repeating,  and  to  prevent  any  person  from  voting  a  Inspectors  to 

second  time  at  the  same  election  when  they  have  good  P^gJ1*  re~ 

reason  to  believe  such  person  has  already  voted.       They  p 

shall  have  full  power  to  refuse  to  allow  any  person  to 

vote  who  is  not  a  qualified  elector,  or  who  have  become 

disqualified  for  any  cause  to  vote  in  such  election  district. 

They  may  also  prevent  any  elector  from  consuming  more  P^event 

time  than  five  minutes  in  voting.     But  no  inspector  shall  consuming 

.   more  time 

examine,  read  or  handle  the  ballot  be^ng  voted  or  about  than  five 
to  be  voted  by  any  elector,  or  interfere  in  any  way  with  *  in 

the  voting  of  any  elector  otherwise  than  as  herein  pro- 
vided.    The  inspectors  shall  possess  full     authority     to 
maintain,  good  order  at  the  polls,  and  enforce  obedience  inspectors  to 
to  their  lawful  commands  during  an  election,  and  during  ^"Jn™6  °be" 
the  canvass  and  estimate  of  the  votes.     There  shall  be  at 
each  polling  place  in  each  election  district  a  deputy  -sher- 
iff, to  be  deputized  for  such  purpose  by  the  sheriff  of  the  Deputy  Sher- 
county,  who  shall  be  required  to  be  present  during  the  jj^e.  pollin* 
whole  time  that  the  polls,  are  kept  open  and  until  the 
election  is  .completed,  who  shall  be  subjected  to  all  lawful 
commands  of  the  inspectors,  and  who  shall  see  that  there 
is  no  interruption  of  good  order.         Such  deputy  sheriff 
shall  have  power,  when  necessary  to  maintain  the  peace, 
to  summon  a  posse  from  among  the  bystanders  to. aid  him 
in  maintaining  the  peace  and  good  order  at  the  polls.  Any 
•ii  when  so  summoned  or  called  upon  by  such  deputy 
sheriff,  who  shall  fail  or  refuse  to  assist  him  in  maintain- 
ing the  peace  and  good     order  at     the  polls,     dial  I     be  penalty  for 
deemed  guilty  of  a  misdemeanor,     and,     on     conviction  ^m^3  of 
thereof,  shall  be  fined  in  a  sum  not  to  exceed  two  hundred  deputy 
and  fifty  dollars  or  imprisoned  in  the  county  jail  not  to  sl 
exceed  six  months*.     If  any  person  shall  refuse  to  obey 
any  lawful  order  of  the  inspectors,  or  by  disorderly  con- 
duct in  their  presence  or  hearing  shall  interrupt  or  dis- 
turb their  proceedings,   such   inspectors   may   command 
surii  deputy  slier  ill'  or  other  person  present-  to  lake  such 
disorderly  person  into  custody  and  to  confine  him  during 
the  election  and  canvass;  and  it  shall  be  the  duty  of  such 
sheriff  or  other  person  to  obey  said  order.     Any  deputv 
sheriff  who  shall  willfully  neglect  or  refuse  to  perform 
any  duty  imposed  on  him  by  this  act  at  the  time  or  within 


82 


LAWS  OF  FLOKIDA. 


1904. 


Penalty    for 
neglect  of 
duty  by  dep- 
uty sheriff. 


No  officer  In 
polling 
place  unless 
summoned 
by  majority 
of  inspectors 


Baloons  to 
be  closed. 


Count  of 
ballots. 


the  time  herein  specified,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished1 
by  a  fine  of  not  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment;  Pro- 
vided, however  That  no  sheriff,  deputy  sheriff,  policeman 
or  other  officer  shall  be  allowed  to  come  within  the  poll- 
ing place  unless  summoned  into  the  same  by  a  majority 
of  the  inspectors.  On  failure  of  any  sheriff,  deputy  sher- 
iff, policeman  or  other  officer  to  .comply  with  the  provis- 
ions of  this  section,  it  shall  be  the  duty  of  the  inspectors 
of  election,  or  one  of  them,  to  make  affidavit  against 
such  sheriff,  deputy  sheriff,  policeman  or  other  officer  for 
their  arrest. 

Sec.  59.  All  bar-rooms,  saloons  and  other  places  for 
the  sale  of  liquors  by  retail,  shall  be  closed  at  6  o'clock  of 
the  evening  preceding  the  day  of  any  election,  and  shall  re- 
main closed  until  6  o'clock  in  the  morning  of  the  day 
thereafter.  And  during  the  time  aforesaid,  the  sale  of  all 
intoxicating  liquors  is  prohibited.  Any  person  who  shall 
be  convicted  of  a  violation  of  this  section  shall  be  pun- 
ished by  a  fine  not  less  than  one  hundred,  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  three  months  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  60.  At  the  close  of  the  election  at  each  polling 
place  in  each  election  district  the  inspectors  and  clerks 
shall  immediately  proceed  to  open  the  ballot  box,  and  in 
the  presence  of  the  public,  if  there  be  any  present  who  de- 
sire to  witness  said  canvass,  count  the  ballots  therein, 
and  continue  such  count  without  adjournment  or  inter- 
ruption until  the  same  is  completed.  The  ballots  shall  be 
first  counted,  and  if  the  number  of  ballots  shall  exceed 
the  number  of  persons  who  shall  have  voted,  as  may  ap- 
pear by  the  poll  list  kept  by  the  clerk,  and  by  the  stubs 
detached  by  the  inspector,  the  ballots  shall  be  replaced 
in  the  box  and  one  of  the  inspectors  shall  publicly  draw 
out  and  destroy  unopened  and  unexamined  as  many  of 
such  ballots  as  shall  be  equal  to  such  excess.  If  two  or 
more  ballots  shall  be  found  folded  together,  so  as  to  pre- 
sent the  appearance  of  a  single  ballot,  they  shall  be  laid 
aside  until  the  count  of  the  ballots  is  completed,  and  if, 
upon  comparison  of  the  count,  and  the  appearance  of 


LAWS  OF  FLORIDA.  33 

such  ballots,  a  majority  of  the  inspectors  shall  be  of  the       1904. 
opinion  that  the  ballots  thus  folded  together  were  voted 
by  one  person  such  ballots  shall  be  destroyed. 

*Sec.  61.  The  canvass  being  completed,  the  result  shall 
be  publicly  proclaimed.    Duplicate  certificates1  of  the  i*e-  canvass  of 
suit  of  such  election  shall  be  drawn  up  by  the  inspectors  votes* 
or  clerk  at  each  and  every  election  'district,  which  shall 
contain  in  words  written  at  full  length  the  name  of  each 
person  voted  for  for  each  office,  and  the  number  of  votes  certificate* 
cost  for  each  person  for  such  office,  and  if  any  question 
shall  be  submitted  to  an  election,  such  certificates  shall 
also  contain  the  number  of  votes  cast  for  and     against 
such  question,  which  certificate  shall  be  signed  by  the 
inspectors  and  clerk,  and  one  of  such  certificates  shall  le 
by  one  of  the  inspectors  delivered,  without  delay,  securely 
sealed,  to  the  supervisor  of  registration,  and  the  other 
to  the  county  judge  of  the  county;  and  the  poll  lists  and 
oaths  of  the  inspectors  and  clerks,  together  with  a1!  bal- 
lot boxes,  ballot  stubs,  memoranda  and  papers     of     all 
kinds,  used  by  the  inspectors  and  clerk  in  conducting  such 
election  shall  also  be  transmitted,  sealed  up  by  the  in- 
spectors, with  the  certificates  of  the  result  of  the  election, 
to  the  supervisor  of  registration,  to  be  filed  in  his  office. 
*Seo.  62.  On  the  sixth  day  after  any  election,  or  sooner, 
if  the  returns  shall  have  been  received,  it  shall  be  the 
duty  of  the  county  judge  and  supervisor  of  registration 
to  meet  at  the  office  of  the  said  supervisor  of  registration, 
and  to  take  to  their  assistance  the  chairman    or    other  tion. 
member  of  the  board  of  county  commissioners,  and  in 
case  of  absence,  sickness,  refusal  to  act,  or  other  disabil- 
ity of  the  county  judge  or  supervisor  of  registration,  an- 
other member  of  the  board  of  county  commissioners,  who 
shall  be  designated  by  the  chairman  of  said  board,  shall 
act  in  his  place,  who  shall  constitute  and  be  the  county 
canvassing  board  of  elections,  and  they  shall  publicly 
proceed  to  canvas®  the  vote  given  for  the  several  officers  BoanL 
and  the  persons  as  shown  by  tbe  returns  on  file  in  the 
offices  of  such  county  judge  and  supervisor  of  registra- 
tion.   Such  canvass  shall  be  made  solely,  exclusively  and 
entirely  from  the  returns  of  certificates  of  the  inspectors 
in  each  election  district,  as  signed  and  filed  by  them  with 

'Amendments,  1899. 


84 


LAWS  OF  FLOBIDA. 


1904. 


Penalty. 


County    of- 
ficers to  be 
given  certifi- 
cate of  elec- 
tion. 


the  county  judge  and  supervisor  of  registration  respec- 
tively, and  in.  no  case  shall  the  board  of  county  canvass 
ers  change  or  vary  in  any  manner  the  number  of  votes 
cast  for  the  candidates,  respectively,  in  any  polling  place 
in  the  county,  as  shown  by  the  returns  of  the  insDectors 
of  such  polling  place.  They  shall  compile  the  result  of 
the  election,  as  shown  by  said  inspector's  returns,  and 
shall  then  make  and  sign  duplicate  certificates  contain- 
ing in  words  and  figures,  written  at  full  length,  the  whole 
number  of  votes  given  for  each  officer,  the  names  of  the 
persons  for  whom  such  votes  were  given,  for  such  office, 
and  the  number  of  votes  given  for  each  person  for  such 
office;  such  certificates  shall  be  recorded  by  the  super- 
visor of  registration  in  a  book  to  be  kept  by  him  for  that 
purpose,  which  book  shall  be  furnished  by  the  county 
commissioners  and  shall  be  labeled  "Record  of  Election 
Returns,"  and  one  of  such  duplicates  shall  be  immedi- 
ately transmitted  by  mail  or  by  express  to  the  Secretary 
of  State  and  the  other  to  the  Governor  of  the  State.  The 
supervisor  of  registration  shall  transmit  by  mail  to  the 
Secretary  of  State,  immediately  after  the  county  canvass- 
ing board  shall  have  canvassed  the  returns  for  State  and 
county  officers,  a  list  giving  the  names  of  all  county  of- 
ficers elected,  the  office  for  which  each  was  elected,  with 
the  post  office  address  of  such  county  officers-elect  in 
their  respective  counties.  Should  any  member  or  mem- 
bers of  said  board  of  county  canvassers  willfully  violate 
any  of  the  requirements  of  this  section,  he  shall  be 
deemed  guilty  of  felony,  an  don  conviction  shall  be  pun- 
ched by  a  fine  of  not  less  than  $250  nor  more  than  f  1,000, 
or  by  imprisonment  in  the  State  penitentiary  for  not  less 
than  one  nor  niore  than  three  years. 

Sec.  63.  In  case  any  county  officer  shall  be  elected  at 
any  election,  the  supervisor  of  registration  shall  give  to 
the  person  who  shall  be  elected  a  certificate  of  his  elec- 
tion, and  the  supervisor  of  registration  sliall  give  to  any 
person  desiring  a  copy  of  such  returns  from  the  record 
a  certified  copy  thereof,  or  of  such  part  thereof  as  may 
be  desired,  upon  payment  to  him  of  the  customary  fees 
for  copying  and  certifying  papers  in  the  office  of  the  clerk 
of  the  circuit  court. 


LAWS  OF  FLORIDA.  85 

Sec.  64.  For  the  counties  of  Monroe,    Dade,    Brevartfj       1904. 
Manatee,  Osceola  and  DeSoto,  in  case  the  returns  of  the  Por 
election  held  in  such  counties  shall- not  be  received  by  the  " 
judge  and  supervisor  of  registration  within  six  (6)  days 
after  the  close  of  an  election,  the  county  canvass  shall  be 
made  as  soon  thereafter  as  said  returns  shall  be  received 
by  the  county  judge  or  supervisor  of  registration,     and 
within  twenty  days  after  said  election. 

Sec.  65.  The  person  who  shall  receive  the  highest  num- 
ber of  votes  cast  for  one  yffice  shall  be  elected  to  such  of-  who 
flee.    In  case  two  or  more  persons  shall  receive  an  equal  * 
and1  the  highest  number  of  votes  for  the  same  office,  an- 
other election  therefor  shall  be  held  upon  the  order  of  the 
Governor  as  in  other  cases  of  special  elections. 

Sec.  66.  On  the  thirty -fifth  day  after  the  holding  of  any 
general  or  special  election  for  any  State  officer,  member  Board  ai_ 
of  the  Legislatui^  or  representative  in  Congress,  or  soon- 
er, if  the  returns  shall  have  been  received  from  the  sev- 
eral counties  wherein  elections  shall  have  been  held,  the 
Secretary  of  State,  the  Comptroller  and  the  Attorney- 
General,  or  any  two  of  theiir,  together  with  any  other  ad- 
ministrative officer  of  the  executive  department  who 
may  be  designated  by  them,  shall  meet  at  the  office  of  the 
Secretary  of  State,  pursuant  to  notice  to  be  given  by  the 
Secretary  of  State,  and  they  shall  form  and  be  a  Board  of 
State  Canvassers,  and  as  such  shall  proceed  to  canvass 
the  returns  of  said  election  and  determine  and  declare 
who  shall  have  been  elected  fop  such  office,  or  as  such 
member,  as  shown  by  such  returns.  If  any  such  returns 
ehall  be  shown  or  shall  appear  to  be  so  irregular,  false 
or  fraudulent  that  the  board  shall  be  unable  to  determine  return* 
the  true  vote  for  any  such  officer  or  member,  they  shall 
so  certify  and  shall  not  include  such  returns  in  their  de- 
termination, canvass  and  declaration.  And  the  Secre- 
tary of  State  shall  file  and  preserve  in  his  office  all  sucb 
returns,  together  with  such  other  documents  and  papers 
as  may  have  been  received  by  him,  or  by  said  board  of 
canvassers.  The  said  Board  of  State  Canvassers  shall 
canvass  the  returns  for  presidential  electors  and  repre- 
sentatives to  the  Congress  of  the  United  States  sepa- 
rately and  distinct  from  their  canvass  of  the  returns  for 
State  officers  and  members  oi  the  Legislature,  and  shall 
make  and  sign  separate  and  distinct  certificates  of  the  re- 


36  LAWS  OF  FLORIDA. 

-^-^ 
1904.       suit  of  the  election  for  said  national  officers  and  for  said 


State  officers,  which  certificates  shall  contain  in  words 
written  at  full  length  the  whole  number  of  votes  given 
for  each  person  for  each  office,  and  for  member  of  the 
Legislature  and  the  State  Senator,  and. therein  declare 
the  result, ^which  certificates,  the  one  including  the  result 
of  the  election  for  presidential  electors  and  representa- 
tives to  Congress,  and  the  other  including  the  result  of 
6  *ke  election  for  State  officers,  members  of  the  Legislature 
theofficeof  and  State  Senators,  shall  be'recorded  in  the  office  of  the 
it£tl.tary  cf  Secretary  of  State,  in  a  book  to  be  kept  by  him  for  that 
purpose.  And  the  Secretary  of  State  shall  cause  a  certi- 
fied copy  of  each  of  £*id  certificates  to  be  published  once 
in  one  or  more  newspapers  printed  at  the  capital  of  the 
State. 

Sec.  67.  The  Secretary  of  State  shall  make  and  trans- 
mit to  each  person  chosen  to  any  State  officer,  immedi- 
of  ately  after  the  State  canvass,  a  certificate  showing  the 
transmit  cer-  number  of  votes  cast  for  each  person  for  such  office  at 
such  election,  which  certificate  shall  be  prima  facie  evi- 
dence of  his  election  to  such  office. 

Sec.  68.  When  any  person  shall  be  elected  to  the  office 
President'0*  of  elector  of  President  and  Vice-President,  or  representa- 
preswent  tive  *n  ^e  Congress  of  the  United  States,  the  Governor 
and  Re^re-  shall  make  out,  sign  and  cause  to  be  sealed  with  the  seal 
in  °*  the  State,  and  transmit  to  such  person  a  certificate 
of  his  election  to  such  office. 

Sec.  69.  The  Secretary  of  State  is  hereby  required  to 

rctary°ofSec    cause  to  be  prepared,  all  proper  blanks  and  forms,  foi 

state.  the  use  of  inspectors  of  election  and  for  county  canvass 

ers,  comfortable  to  the  provisions  of  this  chapter,  and  he 

shall,  at  least  sixty  days  before    any    general    election 

transmit  to  the  supervisor  of  registration  of  each  county 

a  sufficient  number  thereof  for  the  several  polling  places 

in  each  election  district  within  each  county;  and  shal 

also  have  printed  a  sufficient  number  of  the  law  regulat 

ing  general  elections  to  supply  the  several  counties  anc 

polling  places  in  each  election  district  in  said  counties 

and  transmit  the  same  with  the  forms  aforesaid ;  and  th( 

supervisor  of  registration  in  each  county  shall  furnish  to 

the  inspectors  of  election  at  each  polling  place  at  each 

'election  district  in  such  county,  a  sufficient  number  o 


LAWS  OF  FLORIDA. 

Bueh  forms  and  copies  of  election  laws  for  the  use  of  such 
inspectors  at  the  election. 

Sec.  70.  Nothing  in  this  chapter  shall  be  so  construed 
as  to  prohibit  the  county  commissioners  in  any  county  at  In  c**^  °f 
any  time,  in  case  an  epidemic  shall  exist  in  any  city  or  a: 
town  in  such  Bounty,  at  the  time  of  holding  any  election 
in  such  county,  from  establishing  at  any  safe  and  con- 
venient point  outside  of  such  infected  locality  proper  ad- 
ditional polling  places  for  the  electors .  resident  in  the 
infected  district,  at  which  polling  places  the  electors,  of 
such  infected  district  shall  be  allowed  to  vote,  if  properly 
qualified  otherwise,  and  in  such  Ceases  the  registration 
books  belonging  to  such  infected  districts  shall  be  ap- 
plicable to  and  shall  be  used  at  such  polling  places  thus 
established. 

Sec.  71.  This  act  shall  take  effect  from  and  after  its 
passage  and  approval  by  the  Governor. 

Sec.  72.  That  all  laws  and  parts  of  laws  in  conflict  with  ^^^  to 
the  provisions  of  this  act  be  and  the  same  are  hereby  re-  take  effect 
pealed. 

Approved  May  25,  1895. 


APPENDIX, 


CHAPTER  5014— [No.  130.] 

AN  ACT  to  Regulate  the  Holding  of  Political  Primary 
Elections  in  the  State  of  Florida,  for  Nominating 
Candidates  for  Any  Office  Under  the  Laws  of  Ihis 
State,  and  for  Nominating  Delegates  to  Political  Con- 
ventions. 

Be  it  Enacted  ly  the  Legislature  of  the  State  of  Florida: 

Section  1.  That  whenever  the  State  Executive  or  Stand- 
ing Committee  of  any  political  party  in  this  .State  or  any 
Cop^ressional  District  or  county  of  this  Slate,  shall  de- 
cide to  take  by  primary  election  the  sense  of  the  members 
of  said  party  as  to  the  proper  persons  to  be  made  dele- 
gates to  any  convention  to  be  held  for  the  purpose  of  (:hat 
party,  or  to  take  the  sense  of  the  members  csf  the  said 
party  as  to  their  choice  for  United  States  Senator,  or  as 
to  the  proper  person  or  persons  to  he  presented  on  behalf 
of  that  party  to  the  voters  of  the  State.  Congressional, 
District  or  county,  as  the  case  may  be,  at  any  election  to 
be  held  in  the  several  counties  under  the  -laws  of  this 
State,  at  least  thirty  (30)  days'  notice  •  shall  bo  given  in 
some  newspaper  published  in  the  county  or  counties  in 
which  such  election  is  to  be  held,  or  by  posting  a  notice 
of  such  primary  election  in  each  ward  or  precinct  <;f  the 
county,  if  there  be  no  newspaper  published  in  said  coun- 
ty, of  the  place  where  the  voters  belonging  to  that  party 
are  requested  to  meet  for  the  purpose  of  acting  in  rela- 
tion to  the  nomination  of  delegates  or  candidates  as  here- 
in above  stated. 

Such  notice  shall  also  state  the  dav  on  which  such  elec- 
tion is  to  be  held,  and  the  hours  within  which  ft  is  to  be 
held,  and  the  names  of  the  inspectors  appointed  fo  hold 
such  election  and  receive  the  votes  that  may  be  cast  there- 
at, and  make  report  and  return  thereof,  and  the  time 


40 

when  such  return  and  report  shall  be  made  to  the    com- 
mittee directing  such  meeting  to  be  held. 

Sec.  2.  That  no  person  can  vote  or  take  part  in  Ihe  pro- 
ceedings of  any  primary  election,  who  is  not  by  the  laws 
of  the  State  a  lawful  elector,  who  has  not  paid  his  poll 
tax  legally  due,  not  less  than  ten  days  before  such  pri- 
mary election  is  held,  and  authorized  to  vote  in  any  legal 
election  in  the  ward  or  precinct  for  which  such  primary 
election  is  held. 

Sec.  3.  That  the 'Executive  or  Standing  Committee  call- 
Ing  such  primary  election  may  declare  the  terms  and* 
conditions  on  which  legal  electors  offering  to  vote  at  such 
election  shall  be  regarded  and  taken  as  proper  members 
of  the  party  at  whose  instance  or  in  whose  interest  such 
primary  election  has  been  called  or  may  be  held  and  there- 
fore entitled  to  vote  at  such  election  as  a  member  of  that 
party. 

Sec.  4.  That  any  recognized  member  of  the  party  in 
whose  interest  such  election  is  held  may  challenge  the 
right  of  any  person  offering  to  vote  at  such  election,  and 
the  inspectors  authorized  to  hold  and  holding  such  elec- 
tion shall  determine  on  the  evidence  then  furnished 
whether  the  person  so  offering  is  entitled  to  vote  at  such 
election,  and  shall  receive  or  reject  such  votes  so  offered 
as  to  them  the  evidence  for  or  against  the  right  of  the 
persons  so  offering  to  vote  shall  reasonably  warrant. 

Sec.  5.  That  the  inspectors  holding  such  primary  elec- 
tion under  the  provisions  of  this  act  may  of  their  own 
motion,  or  in  any  case  of  the  challenge  of  any  person  of- 
fering to  vote,  if  they  deem  there  is  any  doubt  of  the 
propriety  under  the  provisions  of  this  act  of  the  vote  so- 
offered,  require  of  the  person  so  offering  to  vote,  his  oath 
to  the  fact  which  authorized  the  vote,  and  if  the  person 
so  offering  to  vote  declines  to  make  oath  so  demanded, 
his  vote  shall  be  rejected. 

Sec.  6.  All  votes  at  such  primary  elections  shall  be  by 
ballot,  which  shall  conform  to  the  requirement  of  the 
general  election  law  of  this  State. 

Sec.  7.  The  report  to  the  committee  so  directing  such 
primary  elections  by  the  officers  holding  the  same  shall 
be  in  writing,  with  which  the  original  ballot  shall  be  re- 
turned and  the  poll  list  of  the  voters  made  at  the  time  of 


the  voting,  and  the  reasons  on  which  any  challenged  vote 
was  received  or  rejected.  Said  committee  shall  carefully 
examine  the  returns  and  reports  so  made  and  thereupon 
decide  who  are  the  persons  that  have  been  chosen  by  the 
majority  vote  cast  in.  the  primary  election  for  delegates  .to 
the  convention,  and  from  what  ward  or  precinct,  if  the 
meeting  were  for  the  appointment  of  delegates  to  such 
convention,  or  what  person  or  persons  by  a  majority 
vote  have  been  elected  as  candidates  of  the  party,  as  ihe 
case  may  be,  for  the  office  or  offices  to  be  filled  at  the  ap- 
proaching election;  Provided,  a  second  primary  election 
shall  be  held  within  four  weeks  after  the  first  primary 
election,  to  choose  in  all  cases  where  no  person  shall 
have  received  a  majority  of  all  the  votes  cast  for  the  sev- 
eral  candidates  receiving  the  highest  vote  in  the  first 
primary  election. 

When  several  officers  are  to  be  voted  for,  for  the  Fame 
office,  as  in  the  case  of  County  Commissioners,  a  number 
of  candidates  not  exceeding  twice  the  number  not  nomi- 
nated in  the  first  primary  shall  be  voted  for  in  the  second 
primary,  and  those  candidates  receiving  the  highest  vote 
in  the  second  primary  to  the  number  remaining  to  be 
chosen  shall  be  considered  chosen. 

Sec.  8.  That  if  any  person  who  is  not  entitled  to  vote 
under  this  act,  vote  at  any  primary  election  held  hereup- 
der,  or  vote  more  than  once,  or  personate  another  person, 
or  in  any  name  other  than  his  own  legal  name,  or  in  any 
manner  disturbs  the  orderly  proceedings  of  any  such 
election,  or  intimidate,  or  in  any  manner  attempt  to  in- 
timidate or  deter  from  voting,  or  bribe,  or  attempt  to 
bribe,  any  authorized  voter,  or  impose,  or  attempt  to  im- 
pose, on  any  duly  authorized  voter,  a  ticket  or  ballot 
other  than  it  appears  on  its  face  to  be,  such  person  or 
persons  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion shall  be  fined  not  less  than  ten  dollars  or  be  sen- 
tenced to  hard  labor  for  more  than  three  months,  one  or 
both,  at  the  discretion  of  the  court  trying  the  case. 

Sec.  0.  That  the  inspectors  who  may  hold  such  primary 
elections  under  this  act,  and  return  ihe  votes,  proceed- 
ings and  art  ion  thereof,  herein  provided,  shall  before  as- 
suming the  duties,  make  oath  before  some  officer  author- 
ized to  administer  the  oath,  and  in  the  absence  of  such 
officer  the  inspectors  shall  administer  the  oath  to  each 


42 

other,  that  they  will  honestly,  faithfully,  and  to  the  best 
of  their  ability,  do  and  perform  all  the  duties  of  their  re- 
spective offices,  and  any  wilful  violation  of  said  oath  or 
of  any  other  oath  taken  under  the  provisions  of  this  act, 
shall  be  held,  to  be  perjury,  and  shall  be  punished  as  pro 
vided  by  the  laws  of  the  State  for  the  crime  of  perjury; 
Provided,  That  at  any  primary  election  ordered  by  any 
County  Executive  Committee  or  Standing  Committee, 
where  the  inspectors  appointed  shall  not  be  present  from 
any  cause,  the  members  of  the  party  present  may  appoint 
from  their  number  a  full  set  of  inspectors  and  clerk,  who 
shall  swear  themselves  in  and  proceed  to  hold  such  elec- 
tion ordered  the  same  as  if  regularly  appointed. 

The  Sheriff  is  required  to  see  that  good  order  is  pre; 
served  at  such  meetings,  and  may  arrest  and  present  for 
commitment  to  the  nearest  officer  clothed  with  the  power 
of  a  Justice  of  the  Peace,  and  all  persons  who  may  be 
guilty  of  any  violation  of  the  provisions  of  this  act.* 

Sec.  10.  That  the  County  Executive  or  Standing  Com- 
mittee of  the  political  party  calling  such  primary  elec- 
tions is  hereby  authorized  to  regulate,  the  amount  to  be 
paid  the  inspectors  and  clerks  of  such  election,  and  to 
provide  funds  for  defraying  expenses  of  conducting  such 
elections  by  assessing  for  the  various  county  candidates 
for  nomination  at  such  primary  election;  Provided,  That 
when  anv  candidate  for  United  States  Senator,  or  any 
State  officer  or  member  of  Congres  is  a  candidate  before 
such  primary,  then  the  State  Executive  Committee  or  the 
Congressional  Committee,  shall  regulate  the  amount  to 
be  assessed  such  candidate  or  candidates,  and  prorate 
the  money  so  collected  among  the  several  conn  tics  in 
which  such  primaries  are  to  be  held  and  pav  the  same 
over  to  the  County  Executive  Committees  of  the  several 
counties  to  assist  in  defraying  the  expenses  of  such  pri- 
maries: Provided,  That  no  candidate  shall  lie  assessed 
more  than  five  per  cent,  of  the  annual  compensation  of 
the  office,  for  which  he  is  a  candidate. 

Sec.  11.  That  in  the  appointment  of  inspectors  and 
clerks  of  such  primary  elction,  the  committee  making 
such  appointments  shall,  so  far  as  possible,  select  quali- 
fied voters  from  a  list  of  names  agreed  unon  by  a  majority 
of  the  candidates  before  such  primary  ele^t'on ;  Provided, 
Sitch  agreed  list  is  f\?ed  with  the  committee. 


43 

Sec.  12.  That  except  as  herein  provided,  all  elections  at 
primary  elections  under  this  act,  shall  be  regulated  by 
the  election  law  of  the  State  in  /orcc  at  the  time  such  pri- 
mary election  is  held  as  nearly  as  the  same  can  be  done. 

Sec.  13.  That  the  Executive  or  Standing  Committee, 
when  they  are  petitioned  by  a  majority  of  the  qualified 
electors  of  the  same  party  the  committee  belongs  to,  shall 
call  and  cause  to  be  held  a  primary  election  as  provided 
for  in  this  act. 

Sec.  14.  The  primary  election  of  a  political  party  for 
all  purposes  shall  be  held  throughout  the  State  on  the 
same  day,  but  the  primary  elections  for  different  political 
parties  may  be  held  on  separate  days.  Such  primary 
elections  shall  be  held  not  less  than  sixty  (60)  days  be- 
fore the  date  for  the  general  election. 

Sec.  15.  No  County,  State  or  Congressional  Committee- 
man,  who  is  a  candidate  before  any  primary  election, 
shall  act  or  serve  as  such  committeeman,  and  any  vacancy 
caused  by  such  disqualification  mny  be  filled  by  the  Coun- 
ty, State  or  Congressional  Committee,  as  the  case  may  be. 

Sec.  16.  The  County  Executive  or  Standing  Committee 
shall  hear  and  determine  all  contests  or  protests  filed  1-y 
any  county  candidate  before  such  primary  election,  and 
when  any  contest  or  protest  is  filed  with  the  county  com- 
mitttee  challenging  the  returns  from  fwy  precinct  or  ob- 
jecting to  any  decision  of  the  committee,  such  county 
committee  shall  hear  and  determine  such  contest  «T  pro- 
test, preserving  in  writing  all  the  evidence  heard  and 
considered,  and  all  rulings  and  decisions  made  by  said 
committee. 

The  decisions  nnd  rulings  of  the  County  Committee 
shall  be  final  as  to  any  county  candidate  before  sivh  pri- 
mary. If  any  candidate  for  a  State  or  Congressional  of- 
fice is  not  content  with  the  decision  of  the  County  Com- 
mittee affecting  his  candidacy  in  said  county,  said  candi- 
date shall  file  within  twenty  (20)  days  after  the  result  is 
declared,  with  the  Chairman  of  the  State  or  Congres- 
sional Executive  Committee,  as  the  case  may  be,  his  pro- 
test as  to  the  result  of  the  election  in  any  county,  where- 
upon the  Chairman  of  the  State  or  Congressional  Execu- 
tive Committee  shall,  after  filing  of  such  protest,  cause 
notice  of  sucii  protest  to  be  given  to  the  County  .  Execu- 


44 

live  Committee  wherein  irregularities  are  alleged  to  exist, 
whereupon  it  shall  be  the  duty  of  such  County  Committee 
to  immediately  forward  a  certified  copy  of  such  evidence 
submitted  to  and  considered  by  them,  and  their  rulings 
and  decisions  thereon  to  the  State  or  Congressional  Com- 
mittee, as  the  case  may  be,  and  such  committee  shall  re- 
view the  finding  and  decisions  of  the  county  committee 
and  its  decisions  shall  be  final. 

Sec.  17.  The  Chairman  of  the  State  or  Congressional 
Committee,  as  the  case  may  be,  shall  cause  the  names  of 
the  successful  candidates  for  offices  voted  for  in  more 
than  one  county  who  were  chosen  by  a  majority  vote  to 
be  certified  to  the  county  committee  of  each  county  of  the 
State,  and  said  committee  shall  certify  the  same  to  the 
County  oCmmissioners  of  said  county,  to  be  placed  on 
the  official  ballot  at  the  general  election. 

*  Section  1.  That  Section  18,  of  Chapter  5014,  of  the 
Laws  of  Florida,  entitled  "An  Act  to  regulate  the  holding 
of  political  primary  elections  in  the  State  of  Florida  for 
nominating  candidates  for  any  office  under  the  laws  of 
this  State,  and  for  nominating  delegates  to  political  con- 
ventions," approved  May  31,  1901,  is  hereby  amended  so 
as  to  read  as  follows : 

Section  18.  Whenever  any  political  party  in  any  muni- 
cipality of  ten  thousand  population  or  more  in  this  State 
shall  have  determined,  by  its  city  committee,  or,  in  the 
absence  of  a  city  committee,  then  by  its  county  commit- 
tee, to  hold  a  primary  election  for  the  nomination  of 
candidates  for  city  offices,  such  primary  election  shall  be 
held  in  all  respects  in  conformity  with  the  provisions  of 
this  act,  so  far  as  said  provisions  can  be  made  to  apply. 
In  any  case  where  there  is  no  city  committee  Of  the  po- 
litical party  within  any  such  city  where  a  primary  elec- 
tion is  to  be  held,  the  county  committee  for  such  county 
shall  make  provision  for  and  designate  a  city  committee 
to  serve  until  their  successors  shall  be  elected  at  the  city 
primary.  The  city  committee  shall  call  and  make  all 
necessary  regulations  for  the  holding  of  such  primary 
to  the  same  extent  that  county  committees  are  authorised 
to  do  under  the  provisions  of  this  act. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  act  be,  and  the  same  are  hereby  repealed. 

Approved  June  3,  1903. 

*Amencled  19 1-5, 


45 

CHAPTER  5249— [No.  144.] 

AN  ACT  to  Provide  for  the  Registration  of  Voters  Before 
the  Holding  of  Primary  Elections. 

Be  it  Enacted  T)y  the  Legislature  of  the  State  of  Florida: 

Section  1.  That  whenever  the  State,  Congressional  or 
County  Committee  of  any  political  party  wjiioh  in  the 
last  preceding  election  cast  forty  per  cent,  of  the  votes 
cast,  shall  have  called  a  primary  election  to  be  held  prior 
to  the  time  for  rejgitsration  for  a  general  election,  the 
registration  books  of  each  county  shall  be  open  in  each 
election  district  for  four  weeks  for  registration  of  such 
primary. 

In  counties  of  thirty  thousand  or  more  population  by 
the  last  census  the  books  shall  be  closed  four  weeks  be- 
fore the  primary  and  in  other  counties  two  weeks  before 
the  primary. 

Approved  June  4,  1903. 


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